Hey guys, got a question. On a title, if the owner's name is "XYZ Business, LLc.", then is it ok for the business owner to just sign their name on the back of it, or does it need to be the business' name on the back? Also, if the po doesn't provide an emissions certificate, is the sale invalid? It says the po is supposed to provide proof of emissions, if a vehicle doesn't pass, can you return the vehicle to the private party?

Just so this doesnt get moved around it is about a miata I just bought last night while in half a stupor that I am now slightly concerned with.

Go straight to the dmv (this morning) and show them the title to see what they say about the it, then go straight to the seller if there are any problems ASAP, then regulate the mother fu*ker if anything is fishy.

The seller is supposed to provide emissions, but most private party's don't, the DNV will need the title, emissions & bill of sale to get it registered...

let us know how it goes,

If the title isn't signed right, the dmv will let you know, and both you and the seller will have to go in together to get it fixed...

(I once sold my grandma's car for her, her name was on the title but I signed it with my name when I sold it, dmv made the seller and i go in to fix it, not a big problem...)

The DMV is closed today, which means I will be sucking until monday at least This sucks....

call the po and let him know what's going on. Or else if he is an honest guy he will be suspicious of you trying to return the car after the weekend. Some people can pretend they are buying a car commit a crime with the car leaving the po to deal with the police.

/$0.02

That is a great point alex. I will do that on my break, then I will follow geo's advice and be at the dmv monday at 7 to figure this chit out. I just don't want to start fixing things unless everything else is squared away first.

I am in the same boat with my Miata. I have started working on it, but the DMV has had issues with their computers, so I haven't been able to get a title in my name yet. Hate to go a lot further until I know it is free/clear.

The PO is supposed to provide an e-test. IF the car fails, the previous owner can be held responsible for all repair costs. Unsure if there is a limit to their liability, or if they can opt to buy the car back instead. I think this rule is only if the PO lives in an emissions area and that is where the transaction occured.

94mx5 wrote:The PO is supposed to provide an e-test. IF the car fails, the previous owner can be held responsible for all repair costs. Unsure if there is a limit to their liability, or if they can opt to buy the car back instead. I think this rule is only if the PO lives in an emissions area and that is where the transaction occured.

I don't get this. If a car is sold "as-is", then the previous owner can't be held liable for anything, emissions or not. Unless of course the PO was stupid and didn't specify "as-is" in the Bill Of Sale.

Actually, 94mx5 is right. Under C.R.S. 42-4-310 section II, it states


(II) (A) If title to a roadworthy motor vehicle, as defined in section 42-6-102 (15), for which a certification of emissions compliance or emissions waiver must be obtained pursuant to this paragraph (a) is being transferred to a new owner, the new owner may require at the time of sale that the prior owner provide said certification as required for the county of residence of the new owner

(B) 1982 and newer model motor vehicles required pursuant to this section to have a certification of emissions control shall be inspected at the time of the sale or transfer of any such vehicle and, prior to registration renewal, shall be issued a certification of emissions control that shall be valid for twenty-four months except as provided under section 42-4-309. An inspection is not required prior to the sale of a motor vehicle with at least twelve months remaining before the vehicle's certification of emissions compliance expires if such certification was issued when the vehicle was new. This sub-subparagraph (B) does not apply to the sale of a motor vehicle that is inoperable or otherwise cannot be tested in accordance with regulations promulgated by the department of revenue if the seller of the motor vehicle provides a written notice to the purchaser pursuant to the requirements of subsection (4) of this section.

But anyways, I think I have decided that I am going to call her and ask if she wants to negate the sale. Turns out an 02 sensor replacement is around $400 and I'm not paying for it since she is responsible for it. So we will see if she will pay to have it fixed or if I just get my money back. I wish someone had a miata in sound shape out there that doesn't want 2.5-3x its value...

That's just crazy to me. I still think it's something the purchaser has to request at the time of purchase from the verbiage in the law. It's not like you can buy a vehicle and 10 months later if it fails emissions make the previous owner pay for it.

I totally see where you are coming from Dave, but according to the law, the seller has to have an emissions test done to sell it. If they didn't, then the sale was never a legal transaction in the first place. The caveat is that they repair any issues with the car to make it pass emissions. So we'll see what happens. I called her and asked her to call me, we'll see if she does...

I see so many adds tho, for RX-7's in California in particular, that say "passing smog [emissions] is the buyers responsibility". Does California have different laws or does the seller just not know the law?

California's laws could very possibly be different

I figured. I just worry about my truck because I honestly have no clue if it passes emissions or not since when I bought it we didn't have emissions up here.