Watch out for “Non Emissions Waivers”

Don’t let them fool you.  This is basically just a way for the dealer to get a bad car off his hands and try to make a quick buck hoping nobody will notice.

I have recently filed four lawsuits against the same car dealer, Loving Care Cars of Atlanta, Georgia for selling cars without a current and valid passing Georgia Vehicle Emission Inspection Report (VIR).

When a dealer sells a car, it may be required have to have a passing VIR depending on where you live.  There are thirteen Clean Air Force covered counties in the metro Atlanta area (Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, Paulding or Rockdale).  And if you live in one of these counties, a dealer must have a passing VIR on the vehicle before the purchase.

391-3-20-.18 Sale of Vehicles. Amended.

(1) No person shall sell any responsible motor vehicle, as defined by the Act, intended for highway use without a currently valid passing Certificate of Emission Inspection, as required under this Chapter, if the purchaser is required to register the vehicle in any covered county. Any person violating this Rule shall be guilty of a misdemeanor.

One way Loving Care Cars tried to get around this Georgia law was by getting the buyers to sign a “Non Emissions Waiver.”  This form stated that the buyer would not register the vehicle in an emissions-covered county.  And if the buyer decided to register it, he/she would get repairs to bring the car to pass emissions and not hold the dealer responsible.  This was despite other documents that provided that the car was going to registered in a clean air county.

This powerless waiver has been specifically disallowed by the Clear Air Force.  Whether or not the buyer signs this, it is still illegal for a dealer to sell you a car that does not pass emissions testing.  And above all, you will not be able to register the vehicle if you live in one of the clean air counties above.

You can check the Georgia Vehicle Inspection Report (VIR) by submitting the VIN of the car at:  http://www.cleanairforce.com/motorists/emissions-testing/vir-reprints/