I had a potential client call the office. He bought a car and, when he went to smog it, it failed. He want to know what to do. I will share with you the advice I shared with him.
The seller is required to smog the vehicle. Here is the link to the DMV website page. If you are in this situation, you should call the seller and tell them to refund your money. If they wont, you may want to go to small claims court. Remember the simple rule: the seller must smog the vehicle within 90 days before he sells it.