can you sell a car as is without smog

[VanRose]

Yes, you can often sell a car "as is" without a smog certificate, but the rules are highly dependent on your state's specific laws. In states with no smog testing requirements, it's generally straightforward. However, in strict states like California, selling a car without a passing smog certificate is illegal for most private-party vehicle sales. The seller is almost always responsible for providing a valid smog certificate that is less than 90 days old at the time of title transfer. There are a few narrow exceptions to this rule.

The core of the issue is transfer of liability. A smog certificate proves the car meets state emissions standards at the time of sale. Without it, you could be held responsible for the cost of repairs if the new owner fails a smog test shortly after buying the car. Selling "as is" typically refers to the mechanical condition, but it does not absolve you of legal requirements like smog certification in states that mandate it.

Key State Smog Check Requirements for Private Sales

State	Smog Check Required for Sale?	Certificate Validity	Notable Exceptions
California	Yes, seller must provide	90 days	Diesel vehicles model year 1997 and older, electric, motorcycles, trailers
New York	Yes, seller must provide	1 year	Vehicles model year 1995 and older, motorcycles, historical vehicles
Texas	Yes, seller must provide	90 days	Vehicles model year 1995 and older, new vehicles (first 2 years)
Florida	No	N/A	State does not have a smog inspection program
Pennsylvania	Yes, seller must provide	1 year	New vehicles (first 1 year), vehicles model year 1975 and older

If you are in a state that requires a smog check, your best course of action is to get the vehicle tested before listing it. If it fails, you can choose to make the necessary repairs or adjust the selling price downward to account for the cost the new owner will incur. Being transparent about a recent smog failure is better than risking legal and financial repercussions later. Always check your local DMV website for the most current regulations.

[OLevi]

Check your state's DMV website, now. That's the only way to know for sure. I sold my old truck last year and just assumed "as is" covered everything. The buyer came back two weeks later because it failed smog, and I ended up paying for the repairs. It was a huge headache. In a lot of places, "as is" doesn't get you out of the smog requirement. It's better to be safe and just get the test done first.

[McCarlos]

Think of it like this: "as is" describes the car's condition, but the smog certificate is a separate legal requirement for the sale itself in certain states. It's not about the car's quality; it's about compliance with air quality laws. The responsibility almost always falls on the seller. Failing to provide one where required can invalidate the sale or leave you liable, making the "as is" disclaimer useless for this specific issue.

[VanArya]

From a purely practical standpoint, even if your state doesn't require a smog certificate for a private sale, getting one is a smart move. It makes your car more attractive to buyers because it removes a major uncertainty. You can command a better price and sell faster. A pre-sale smog check is a simple piece of paperwork that proves the car is road-legal and saves the buyer a immediate expense and potential hassle.