Smog Check When Selling a Car
Selling your car in California? The smog certificate is your legal responsibility as the seller — here’s exactly what to do.
TL;DR
- You (the seller) must give the buyer a valid smog certification at the time of sale — private party or dealer.
- The smog check must be done within 90 days before the transfer date.
- Car is less than 4 model years old? No inspection needed — the buyer pays an $8 smog transfer fee instead (not for diesels).
- File your Notice of Transfer and Release of Liability (REG 138) within 10 days of the sale.
- Family transfers (spouse, parent, child, sibling, grandparent, grandchild) generally need no smog cert.
1 Seller’s smog checklist — step by step
Follow these steps in order and the transfer will go through at DMV without a hitch.
Get the smog check done
Have the vehicle smog-checked at any licensed station. The certificate is transmitted electronically to the DMV — but ask for a printed Vehicle Inspection Report (VIR) to hand the buyer as proof. Do this within 90 days before the planned transfer date.
Sign the title over
Sign line 1 of the certificate of title. If the title is lost, file a REG 227 (Application for Duplicate Title) first. Fill in the buyer’s name, the sale price, and the odometer reading.
Complete REG 262
Fill out the Vehicle/Vessel Transfer and Reassignment Form (REG 262) with the buyer — it records the odometer disclosure and the transfer of ownership.
Hand the buyer the packet
Give the buyer: the signed title, the REG 262, a copy of the VIR (smog report), and any maintenance records. Keep copies of everything for yourself.
File REG 138 within 10 days
Notify the DMV of the sale with a Notice of Transfer and Release of Liability (REG 138) — online or by mail — within 10 days. This protects you from tickets, tolls, or accidents the buyer incurs after the sale.
2 When you DON’T need a smog certificate to sell
California law carves out five clear exceptions. If one applies, skip the smog station.
🚗 Less than 4 model years old
No change-of-ownership inspection needed. Instead, the buyer pays an $8 smog transfer fee to the DMV at title transfer. Does not apply to diesel vehicles.
👨👩👧 Family transfers
No smog cert needed for transfers between a spouse, domestic partner, sibling, child, parent, grandparent, or grandchild. Caveat: if a family member bought the car for you and titled it in their name first, a smog check is required before transferring it to you.
🔋 Permanently exempt vehicles
1975-and-older gasoline vehicles, 1997-and-older diesels, fully electric vehicles, and motorcycles never need a smog cert — for sales or anything else.
📄 Recent biennial cert on file
If a biennial smog certification was already submitted to the DMV within 90 days before the transfer date, no new check is needed. Keep the VIR as proof.
Out-of-state buyer? The California smog-cert requirement exists to complete a California title transfer. If the buyer will register the car in another state, that state’s rules govern their registration — but still file your REG 138 within 10 days either way.
3 What if the car fails smog before the sale?
You still owe the buyer a smog-certifiable vehicle — the DMV cannot complete the title transfer without a valid certificate on file. Here are your real options:
🔧 Repair and retest
Fix the emissions problem, retest, get the pass, then sell. This is the cleanest path — and the one the law expects. Get a diagnosis first so you know what the repair will actually cost.
🏭 Sell to a licensed dismantler
Licensed dismantlers and junk-car buyers legally handle vehicles that can’t pass smog. You’ll get less money, but the transfer is legitimate and your liability ends.
Heads up: writing “as-is” on a bill of sale does not reliably waive your smog duty — the DMV and the Vehicle Code hold the seller responsible. Also note that the state’s CAP repair assistance program excludes vehicles that are undergoing a transfer of ownership, so a seller prepping a car for sale can’t use it. If the car is truly unfixable, CAP vehicle retirement (up to $2,000 for income-eligible owners) may be an option — see bar.ca.gov or call (866) 272-9642.
4 Title transfer + smog: how the pieces fit
The DMV will not finish the title transfer or register the car in the buyer’s name until proper smog certification is on file (Vehicle Code §24007, §4000.1). The buyer typically pays a $15 transfer fee plus title fees and use tax at the DMV — and the $8 smog transfer fee if the under-4-year exemption applies.
The 10-day rule that protects sellers. File your Notice of Transfer and Release of Liability (REG 138) online at dmv.ca.gov or by mail within 10 days of the sale. Until you do, tickets, toll violations, and even accidents tied to that car can come back to you.
Full selling guide: release of liability →5 Buying? Protect yourself
🔍 Insist on the VIR before paying
Ask to see the Vehicle Inspection Report — proof of a valid, recent smog certification — before money changes hands. Buying without one risks owning a car you can’t register.
🏪 Dealer sales: extra protection
Dealers must ensure smog compliance before sale and warrant it for 30 days or 1,000 miles, whichever comes first (VC §11713.1). Bought a non-compliant car from a dealer? Report fraudulent certificates to the Bureau of Automotive Repair at bar.ca.gov or (800) 952-5210.
6 Selling + smog: questions, answered
Who is responsible for the smog check when selling a car in California?
The seller. California law (Vehicle Code §24007, Health & Safety Code §44015) requires the seller to provide the buyer with a valid smog certification at the time of sale — for private-party sales and dealer sales alike.
How long is a smog certificate valid when selling a car?
90 days. The smog check must have been performed within 90 days before the transfer date for the certificate to be valid for the sale.
Do I need a smog check to sell a car that’s less than 4 years old?
No. Vehicles less than four model years old are exempt from the change-of-ownership smog inspection. Instead, the buyer pays an $8 smog transfer fee to the DMV when the title transfers. This exemption does not apply to diesel vehicles.
Is a smog check required when transferring a car between family members?
Generally no — transfers between a spouse, domestic partner, sibling, child, parent, grandparent, or grandchild don’t need a smog certificate. Exception: if the family member bought the car for you and titled it in their own name first, a smog check is required before transferring it to you.
What happens if my car fails smog before I sell it?
You still owe the buyer a smog-certifiable vehicle — the buyer can’t complete title transfer/registration at the DMV without a valid certificate. Your options: repair and retest before selling, or sell to a licensed dismantler/junk buyer that legally handles failed-smog vehicles.
Can I sell a car “as-is” without a smog certificate in California?
“As-is” language doesn’t reliably waive your smog duty. The DMV and the Vehicle Code hold the seller responsible for providing a valid certificate. If the car can’t pass, the buyer may have legal recourse (demand letter, small claims court). This is a legal gray area — not legal advice.
Do I need to file a Release of Liability when I sell my car?
Yes — file a Notice of Transfer and Release of Liability (REG 138) with the DMV within 10 days of the sale. It protects you from tickets, tolls, or accidents the buyer racks up after the sale.
What paperwork do I give the buyer besides the smog certificate?
The signed certificate of title (line 1) — or REG 227 if the title is lost — plus a Vehicle/Vessel Transfer and Reassignment form (REG 262), the odometer reading, and a copy of the Vehicle Inspection Report (VIR) from the smog check. Keep copies for yourself.
I’m selling my car to someone out of state — do I need a smog check?
The California smog-cert requirement exists to complete a California title transfer. If the buyer will register the car in another state, that state’s rules apply to their registration. File your Notice of Transfer and Release of Liability (REG 138) within 10 days either way.
What if a dealer sold me a car without a valid smog certificate?
Dealers have heightened duties: they must ensure smog compliance before sale and warrant it for 30 days or 1,000 miles, whichever comes first (VC §11713.1). You can report fraudulent certificates to the Bureau of Automotive Repair at bar.ca.gov or (800) 952-5210.
7 Related guides
Ready to get that smog check?
Find a licensed smog station near you through the Bureau of Automotive Repair’s official station locator.
Find a smog station →Last verified against dmv.ca.gov and bar.ca.gov: October 15, 2026. Rules and fees change — confirm current requirements on the official DMV site before selling.