The SMOG laws in California require that all vehicles be inspected and certified to meet certain emissions standards before they can be registered or sold in the state. This requirement applies to both new and used vehicles, including those sold by dealerships.

For car dealerships specifically, they are required to have all vehicles they sell inspected for certain safety elements and to pass a SMOG check by a licensed smog check technician before selling them. The dealership must obtain a valid smog certificate BEFORE SELLING THE VEHICLE, which indicates that the vehicle meets California's emissions standards.

Failure to comply with California's smog laws can result in fines and penalties for the dealership, as well as potential legal liability if a sold vehicle does not meet emissions standards or if the dealership fails to disclose emissions-related issues to the buyer. The implications of not providing accurate information or certificates in this regards are the following:

For the seller, the California Department of Motor Vehicles (DMV) can take disciplinary action against the dealership, which may include fines, license suspension or revocation, and even criminal charges in some cases. The seller may also be liable for any damages resulting from the sale of a vehicle that does not meet emissions standards. Even worse, the dealer could be sued by the consumer under various California consumer protection laws which could carry tens and thousands of dollars in attorneys fees.

In some cases, a buyer may be able to take legal action against the seller for failing to obtain an accurate emissions certificate or for misrepresenting the condition of the vehicle prior to sale. This could result in the buyer being awarded damages and attorneys fees as a result of the seller's alleged misconduct.