Legal Question in Civil Litigation in California

Hi. I want to sell my car. California Vehicle Code Section 24007 (b)(2) states that the seller must provide to the buyer a current smog certificate. This is California law. Question: By a private contract, signed by both the seller and the buyer, may these two private parties (buyer and seller) contractually ignore and waive vehicle code section 24007 (b)(2) and provide by contract that 24007 (b)(2) will not apply to their sale, in that the private written agreement provides that the buyer will be responsible for the smog certificate? In other words, can these two parties contract for this provision shifting responsibility for the smog certificate to the buyer in direct conflict with California law in vehicle code section 24007 (b)(2) ? Thank you.

Asked on 4/01/13, 4:02 pm

Jeannette Darrow Jeannette C.C. Darrow, Attorney at Law

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As far as I understand it, a buyer and seller may NOT agree to waive the requirement that the seller provide the smog certificate.

Answered on 4/01/13, 4:09 pm

Anthony Roach Law Office of Anthony A. Roach

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Those requirements cannot be waived by a contract.

Answered on 4/02/13, 8:36 am

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