Section 24007 Of Chapter 1. General Provisions From California Vehicle Code >> Division 12. >> Chapter 1.
24007
. (a) (1) No dealer or person holding a retail seller's permit
shall sell a new or used vehicle that is not in compliance with this
code and departmental regulations adopted pursuant to this code,
unless the vehicle is sold to another dealer, sold for the purpose of
being legally wrecked or dismantled, or sold exclusively for
off-highway use.
(2) Paragraph (1) does not apply to any vehicle sold by either (A)
a dismantler after being reported for dismantling pursuant to
Section 11520 or (B) a salvage pool after obtaining a salvage
certificate pursuant to Section 11515 or a nonrepairable vehicle
certificate issued pursuant to Section 11515.2.
(3) Notwithstanding paragraph (1), the equipment requirements of
this division do not apply to the sale of a leased vehicle by a
dealer to a lessee if the lessee is in possession of the vehicle
immediately prior to the time of the sale and the vehicle is
registered in this state.
(b) (1) Except as provided in Section 24007.5, no person shall
sell, or offer or deliver for sale, to the ultimate purchaser, or to
any subsequent purchaser a new or used motor vehicle, as those terms
are defined in Chapter 2 (commencing with Section 39010) of Part 1 of
Division 26 of the Health and Safety Code, subject to Part 5
(commencing with Section 43000) of that Division 26 which is not in
compliance with that part and the rules and regulations of the State
Air Resources Board, unless the vehicle is sold to a dealer or sold
for the purpose of being legally wrecked or dismantled.
(2) Prior to or at the time of delivery for sale, the seller shall
provide the purchaser a valid certificate of compliance or
certificate of noncompliance, as appropriate, issued in accordance
with Section 44015 of the Health and Safety Code.
(3) Paragraph (2) does not apply to any vehicle whose transfer of
ownership and registration is described in subdivision (d) of Section
4000.1.
(4) Paragraphs (1) and (2) do not apply to any vehicle sold by
either (A) a dismantler after being reported for dismantling pursuant
to Section 11520 or (B) a salvage pool after obtaining a salvage
certificate pursuant to Section 11515 or a nonrepairable vehicle
certificate issued pursuant to Section 11515.2.
(c) (1) With each application for initial registration of a new
motor vehicle or transfer of registration of a motor vehicle subject
to Part 5 (commencing with Section 43000) of Division 26 of the
Health and Safety Code, a dealer, the purchaser, or his or her
authorized representative, shall transmit to the Department of Motor
Vehicles a valid certificate of compliance or noncompliance, as
appropriate, issued in accordance with Section 44015 of the Health
and Safety Code.
(2) Notwithstanding paragraph (1) of this subdivision, with
respect to new vehicles certified pursuant to Chapter 2 (commencing
with Section 43100) of Part 5 of Division 26 of the Health and Safety
Code, a dealer may transmit, in lieu of a certificate of compliance,
a statement, in a form and containing information deemed necessary
and appropriate by the Director of Motor Vehicles and the Executive
Officer of the State Air Resources Board, to attest to the vehicle's
compliance with that chapter. The statement shall be certified under
penalty of perjury, and shall be signed by the dealer or the dealer's
authorized representative.
(3) Paragraph (1) does not apply to a transfer of ownership and
registration under any of the circumstances described in subdivision
(d) of Section 4000.1.