Selling a Non-smogged, Non-operative Car in CA...?

The DMV says the seller is required to provide the buyer with a current (within the last 90 days) smog certificate. I sold a car once without one but I made the buyer sign a note saying they would assume all responsibility for getting the smog certificate.

If you have an AAA/ CSAA membership (towing service, etc) they have a DMV department who might be able to give you some advice.

Also, make sure you submit a Release of Liability with the DMV. The last thing you need is someone trying to sue you because the buyer never registered the car into their own name.

Technically, California Law requires that the seller provide smog. However, you can sell a non-op vehicle that does not pass smog as long as you clearly disclose that to the buyer that the vehicle will not pass smog and the buyer agree's to purchase the vehicle "as is".
Once you have sold the vehicle it becomes a civil issue between you and the buyer.

It doesn't need to be registered for you to sell it. You just need a title to sign over. The registration will be the buyers issue.

I haven't lived in California for a decade or two...have you contacted the DMV to see what their rules are?

I would believe that you just need the title to sell the car. The person registering it will be responsible for getting it ready for the road.

Good luck!

In order for the new owner to register it, it must have a current smog certificate. If it's not registered to you, then you can't sell it. If it is regisitered to you but is on a non-op, then it still must pass smog in order for the new owners to register it.

Pretty much, you can't sell a car that won't pass smog because it can't be re-registered.