Usually not. In California, the seller is responsible for providing a valid smog certificate when ownership of most gasoline vehicles more than four model years old changes hands. The certificate is good for 90 days from the inspection. Cars four model years old or newer skip the inspection on transfer and pay an $8 smog transfer fee instead. If you bought a car without the smog certificate it needed, you'll have to get one before DMV completes your registration, so sort out who pays before you hand over money.
Educational information only. This article is not legal advice.
In this article
- Who has to smog, and when
- Exemptions
- Dealers: your smog duties
- If the seller didn't smog it
- Frequently asked questions
Who has to smog, and when
| Situation | Smog check needed on transfer? | Who provides it |
|---|---|---|
| Gas vehicle more than 4 model years old | Yes, unless a biennial certificate was issued within the last 90 days | The seller |
| Gas vehicle 4 model years old or newer | No. The buyer pays an $8 smog transfer fee | — |
| Dealer retail sale | Yes, for vehicles that require it | The dealer (VC §24007(b)(2)) |
| Sale from one dealer to another | Not required as part of that sale | — |
Sources: BAR Smog Check (Opens in new window), DMV HTVR 32 (Opens in new window).
Exemptions
- Vehicles four model years old or newer (the $8 transfer fee applies instead)
- Transfers between certain family members, such as spouses, domestic partners, parents, children, grandparents, grandchildren and siblings
- Electric vehicles
- Motorcycles
- Gasoline vehicles 1975 and older
Check BAR's current list for diesel, hybrid and other special cases.
Dealers: your smog duties
California dealers must give a retail buyer a valid smog certificate when the vehicle requires one (VC §24007(b)(2)). Selling a car that can't pass smog to a retail customer without a certificate is a fast route to a DMV complaint. If a car won't pass and you don't want to fix it, wholesale it to another dealer, which doesn't trigger the retail smog duty. See What does it mean when a dealer wholesales a car?
From experience (Garrett Eddings, professional opinion): Smog before you list a car, not after you sell it. A failed smog after the customer's already excited is the worst conversation in this business.
If the seller didn't smog it
- DMV won't finish the transfer without the required certificate.
- In a private sale, the law puts the duty on the seller, so ask them to provide it, or agree on a price adjustment in writing before you pay.
- If a dealer didn't provide one, contact the dealer in writing, then DMV Investigations. See How do you file a claim against a dealer bond?
Frequently asked questions
Does the buyer or seller pay for a smog check in California?
The seller is responsible for providing the smog certificate for most transfers.
How long is a smog certificate good for when selling a car?
90 days from the date of the inspection.
Do new cars need a smog check when sold?
Not if they're four model years old or newer. The buyer pays an $8 smog transfer fee instead.
Related questions
- What is the smog abatement fee?
- How to register a used car in California
- What taxes and fees do you pay on a used car?
- Back to the California Dealer License FAQ
Resources
- Bureau of Automotive Repair: Smog Check (Opens in new window)
- California DMV: Smog inspections (Opens in new window)
- California DMV: How to change vehicle ownership (HTVR 32) (Opens in new window)
Sources: BAR Smog Check program · DMV HTVR 32 (seller obtains certification; 90 days) · DMV registration fees ($8 smog transfer, VC §4000.1) · Vehicle Code §24007. Verified 2026-10-16.
This article is for educational purposes only and is not legal advice. Smog rules change; check BAR and DMV for your vehicle. The instructor note reflects one instructor's professional opinion.