Bluehighways

FWIW the seller in California is responsible for the vehicle to pass the SMOG Test at the time the vehicle is sold. An "As Is" sale will/can not excuse the previous owner from this legal obligation. You may want to have a "friendly" discussion with the previous owner in coming to solution that is satisfactory for the both of you.

Alfnado

Source? People buy and sell cars as-is all day long. Including cars that need significant repairs to pass smog. Now, if someone lied to you about a car passing smog, that's one thing. I am not aware, however, of any prohibition on selling a car as-is.

Bluehighways

Here you go: https://www.dmv.ca.gov/portal/vehicl...g-inspections/

"If I sell my car, do I have to get it inspected first?
Yes. If you are selling your car, you need to give the new owner a valid smog certification when you sell the car."

Bluehighways

Here's the exact portion of the vehicle code that deals with this:

California Vehicle Code section 24007(b)(1) and (b)(2):

(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.

Alfnado

I don't think it's that simple. Nor does it address the "as-is" issue or the contractual sale of a vehicle where the inability to smog is disclosed. People sell track cars all the time, for example. I'd think you'd have a real hard time winning that case. I also don't know the OP's sale circumstances here--i.e., what was disclosed. In any event, this is outside my legal expertise and I'm not going to spend my night researching it.

OP, if you were duped, then maybe there's something here. FWIW, and this is not legal advise cause I'm not anyone's lawyer here, you'd look real dumb running to court if the seller told you smog was your problem and then you tried to sue them. Hopefully you find a way to figure this out for not too much money.

Alfnado

Gotta read all the related sections. Lots of cross references in there.

TheTorch

@Bluehighways is correct. California titled cars: Seller is required to provide a current, valid SMOG as part of the sale. The SMOG has to be current and is only valid for 90 days.

PNO car being bought and registered as PNO is the only exception.

Alfnado

OP, you've got your answer. Threaten to sue the guy. Let us know how it works out. ?

Zygrene

I appreciate the input, but I'm not suing anyone. Seller is a friend who moved to another country. He told me the car needed a stock cat (and found someone to lend one to me) to pass smog and didn't want to deal with it, hence he sold it to me for less than market value. It's my problem now because I accepted the risk.

UPDATE: went to do another drive cycle today and the CEL came on less than 2 minutes after startup, while idling with AC on. Exact same codes as before: P0300, P0301, P0303, P0305 cylinder misfires. Cat monitor still shows incomplete while the others are OK. Idle rpm is VERY slightly fluctuating just below the 800 rpm tick, but it's barely noticeable when I stare at the tach. Ignition coils and spark plugs were replaced probably within the past 2 years, and spark plugs were replaced again earlier this year. I was told the car has a VR tune/flash but I'm not sure how to disable it. Probably going to call up some Porsche shops tomorrow for opinions. Thoughts?

Video of idle, misfire codes, monitor status:

Alfnado

I'd get back on a stock map and have a reputable shop diagnose the fault codes. A good shop should be able to reflash your ECU.

Zygrene

Yeah, that looks like my best option now. Guy who owned the car prior to the seller had the VR tune flashed and didn't include any kind of handheld OBD2 tune device when he sold it.

Alfnado

If it was an Evo I could help you but I specifically bought an NA Porsche to keep myself from messing with the ECU. I'd shoot the VR guys an email and see if they can help. Maybe they'll rent you some gear to flash it back.

Bluehighways

The threshold for setting misfire codes is lower than what most folks can feel. The requirement is; the PCM must be able flag any misfire that (over time) could damage the catalytic converter. This isn't much of a misfire. The way the PCM identifies a misfire is by constantly measuring the variation (if any) in engine rotating speed (RPM) between the firing of one cylinder and the next. As you might imagine, this is a very short space of time. It is measured in excruciating detail, in order to apply an algorithm that will generate accurate results

So-o-o-o-o-o whatever your friend did (or had done) to the car, it is either: 1.) Causing the engine rpm to fluctuate in an irregular pattern that is being interpreted as a misfire -or- 2.) It is possible that the engine isn't actually misfiring. Something as simple as the use of non resistor spark plugs (or other incorrect secondary ignition components that were perhaps sold as "performance enhancing") can generate a Radio Frequency Interference (RFI) problem with the PCM and/or any one of the other CAN Bus modules in the PCM's network. This sort of a problem, or rather its diagnosis, can get financially prohibitive in very short order.

If your friend (the previous owner) can recall or provide receipts that would identify any and all components that he had replaced since he first noticed the CEL (Check Engine Light) coming on, that would be a significant help to an experienced diagnostic technician . . . and by way of minimizing his/her diagnostic time it will save you quite a bit of money as well. This is NOT a task for someone who lacks the: experience, training, tools, diagnostic equipment and knowledge gained from having tackled this sort of a problem in the past. Choose your technician and/or repair facility carefully.

You might begin start by replacing the PCM and/or if possible returning it's software programming to its original state. This may well not be the end of your situation, but until you (or any diagnostic technician worth their salt) can be certain that it's not the cause, it will be a serious waste of time and money to do anything else, until this matter has been taken care of.

yelcab

Two points:

Cal Smog test: Seller must provide a smog certificate as part of a sale. It is against the law to do anything else. As-Is clauses are civil agreements between two private parties, and that does not have any effect on the law. Let me give you an extreme example: You and I can enter an agreement where you kill me, and you still go to jail for murder under the eye of the law. As-Is clauses are actually not enforceable when it comes to smog laws. Buyer can back out of it and seller has to give the money back.

The other point is to the OP. If your CEL comes on before the Cat monitor is ready, you have a misfire problem and you need to solve that first. If it were my car, I would try to reverse all the non-stock modification and bring it back to stock form including the bumper before I try to pass smog. You can always add the modifications back, after.

Bluehighways

An excellent example would be how Dr. Jack Kevorkian was prosecuted. The logic of euthanasia for the terminally ill, not withstanding in most states. Or Federally for that matter.