Selling a vehicle that won't pass emissions

So, my son bought himself a new vehicle. Parking sucks around my house and he needs to sell his old one soon. Problem is I am fairly certain it won't pass emissions due to a check engine light and intermittent cylinder misfires.

I know now there is some sort of rule/law that says the seller is responsible for the vehicle passing emissions or something like that.

Will him him selling it be as simple as disclosing the problems and the fact that it won't pass emissions and stating something on a bill of sale to that effect and that the vehicle is being sold "as is" and the seller will not be held accountable for any issues with emissions?

I have never sold something like this. Maybe one of you has an answer for me.

Thanks.

Oh, and if any of you would be interested, it is a 1998 (I think) Nissan Pathfinder with somewhere around 200,000 miles or so. I can get details from him if you want.

Sell as is, DOES NOT PASS EMISSIONS Disclaimer. Along with Selling as a parts truck
You're selling a parts vehicle. Not advertising as runs good type scam. There's no law preventing you from selling as is PROVIDING the new owner has been informed it will not pass the smog test.

There are at least 12 listed like this one.
http://denver.craigslist.org/cto/4541343446.html

WILL NOT PASS EMISSIONS WITHOUT FIXING CHECK ENGINE LIGHT. THEREFORE IT WILL BE SOLD AS TOW AWAY. IT WILL START RIGHT UP AND DRIVE AWAY NO PROBLEM

Yep, put it in the ad and put it on a bill of sale that the seller signs and dates so you have proof you disclosed the issue and the as-is sale.

Also look into what the potential cost to fix the issue would be versus the amount you will take off the price of the vehicle selling it as is.

That's all fine and dandy but the buyer could still come back to you for it to pass emissions. The only way around it would be so sell it to someone in a none emissions county.

I'm fairly certain it needs an injector. Not a huge deal to repair. Maybe I'll fix it and he can pay me back when he sells it.

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Originally Posted by newracer

That's all fine and dandy but the buyer could still come back to you for it to pass emissions. The only way around it would be so sell it to someone in a none emissions county.

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I have a very hard time believing that any small claims judge/magistrate is going to hold the seller responsible if he is holding a signed document that the buyer acknowledges it is sold as is and will not pass emissions without repair.

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Originally Posted by sniper7

I have a very hard time believing that any small claims judge/magistrate is going to hold the seller responsible if he is holding a signed document that the buyer acknowledges it is sold as is and will not pass emissions without repair.

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Especially when the B.O.S states the vehicle does not pass emissions and being sold as a parts car. Get it notarized. The parts of that Nissan, are worth more than the running unit. You'll take a loss for no emissions, depending how much you want to invest. Sure it could be an injector, $$XX later same issue, sell it as is.

Heck, I might just scrap it like I did with his last car and the daughters last car. The salvage place will send a wrecker to my house, pick it up, and pay cash.

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Originally Posted by ray1970

Heck, I might just scrap it like I did with his last car and the daughters last car. The salvage place will send a wrecker to my house, pick it up, and pay cash.

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Price it compared to the scrappers running ad's.

How much does he want for it

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Originally Posted by sniper7

How much does he want for it

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I don't know. I'd have to ask him. I imagine if we fixed the check engine light and a couple of small things someone on Craigslist would give us $1500 for it. As is, who knows.

Check engine light being on does not make it fail emissions, its all about the sniffer readings.

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Originally Posted by sportbikeco

Check engine light being on does not make it fail emissions, its all about the sniffer readings.

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Thanks for the info. I'm actually worried that the intermittent cylinder misfire is what's going to fail it.

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Originally Posted by sportbikeco

Check engine light being on does not make it fail emissions, its all about the sniffer readings.

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Pretty sure they now will not pass a vehicle that has an active CEL.

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Originally Posted by brutal

Pretty sure they now will not pass a vehicle that has an active CEL.

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This was true, but I think they changed it back.

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Originally Posted by Irving

This was true, but I think they changed it back.

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I looked it up and you and sportbikeco are right.

I stand corrected. CEL is only noted on the forms.

I guess I shouldn't have bothered clearing mine before I went in (TC lock up failure).

My truck just passed last month with my check engine light on. I don't know how nut it did. I have 2 bad o2 sensors and my mass air flow was weak.

so, the law requires you to get an emissions test if you are selling it within the area. Most people have no freaking clue that this is required. Esp on old POS cheap cars.

I'd just sell it, if they ask for it, then hem and haw and say you don't have time, may not pass, blah blah blah
if they don't ask, well, caveat emptor. You have no idea where they are going to register it anyway.

BTW, all used cars are sold as is.

Me, I always ask for it, if you haven't done it, I want $500 to $1000 off but again most people have no clue.

Full coverage insurance. Mysterious electrical fire. Kidding!

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Originally Posted by TFOGGER

Full coverage insurance. Mysterious electrical fire. Kidding!

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JEWISH LIGHTING Oh vey.

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Originally Posted by brutal

Pretty sure they now will not pass a vehicle that has an active CEL.

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This is true, had a kid working with us and passed the sniffer and other parts of the emissions, but failed due to the CEL, he reached up under the dash and pulled the lamp, went back a few days later and passed.......... [Tooth]

False. I just passed 4 days ago with CEL on.

The just note it on the report. If the sniffer passes, you pass.

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Originally Posted by J

False. I just passed 4 days ago with CEL on.

The just note it on the report. If the sniffer passes, you pass.

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My experience as well..

Just fix it so the Check Engine light is off and can pass emissions. You will get a lot more out of it when you sell it verses trying to sell it as a "Parts" car.

http://aircarecolorado.com/fail-and-...-engine-light/

Effective April 1, 2003, an illuminated "check engine" light is no longer a mandatory pass/fail component of the emissions testing process. If the "check engine" light is illuminated, it is noted on the vehicle inspection report each motorist receives at the end of the emissions testing procedure. However, it is an informational tool for the motorist, rather than a reason for failure.

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Originally Posted by kwando

http://aircarecolorado.com/fail-and-...-engine-light/

Effective April 1, 2003, an illuminated "check engine" light is no longer a mandatory pass/fail component of the emissions testing process. If the "check engine" light is illuminated, it is noted on the vehicle inspection report each motorist receives at the end of the emissions testing procedure. However, it is an informational tool for the motorist, rather than a reason for failure.

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Facts are boring. All the speculation was more entertaining.

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Originally Posted by kidicarus13

Facts are boring. All the speculation was more entertaining.

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Why don't you start a price gouging or political thread, Heretic ;)

I sold a truck that wouldn't pass emissions and the guy knew it. I put on the bill of sale "As Is, Where Is , Tow Away, No Emissions". I got the idea from buying a tow-a-way from a dealer, which is my current truck. I can't imagine being held responsible for the emissions with a bill of sale like that.

Same topic came up on another forum I frequent. I looked at the CRS and the emissions statute states that any vehicle sold that is "roadworthy" must have an emissions test. So I would think as long as you state that the vehicle is being sold as not "roadworthy" you would be ok.

(15) "Roadworthy" means a condition in which a motor vehicle has sufficient power and is fit to operate on the roads and highways of this state after visual inspection by appropriate law enforcement authorities. In order to be roadworthy, such vehicle, in accord with its design and use, shall have all major parts and systems permanently attached and functioning and shall not be repaired in such a manner as to make the vehicle unsafe. For purposes of this subsection (15), "major parts and systems" shall include, but not be limited to, the body of a motor vehicle with related component parts, engine, transmission, tires, wheels, seats, exhaust, brakes, and all other equipment required by Colorado law for the particular vehicle.

Disconnect the battery to clear the light and Replace the plugs and wires and cap/rotor. Hopefully that will take car of the misfire. Also use a new air filter and a can of BG 44k and a entire tank of 91 octane.

Take it over to orielly or one of the other chain auto parts stores... They'll hook up their OBD reader to it for free, tell you the code or codes that are set, and give you the option to clear the code. If it's a real problem, the light will come back on in the next trip or two.

The code or codes can point you to the defective part, but don't just change out whatever part the code says.. for example, if it says "P0171 O2 Sensor System Too Lean (Bank 1)", don't replace the o2 sensor, since it's probably not the problem, just the part that is detecting the issue.

Still debating what to do with the vehicle?