Yeah, thats what I intend to do if i purchase it. There is a shop right across from it that will diagnose it for free. There no engine lights on or anything. I just checked the laws and yes it is illegal. They have to provide the emissions report and may resolve with the buyer to fix it. I found this very useful site that has both seller and buyer obligations in GA.
The site http://www.cleanairforce.com/stations/usedcar.php

The Sellers Law http://www.cleanairforce.com/docs/Seller_Beware.pdf

Buyers http://www.cleanairforce.com/docs/Wh...re_You_Buy.pdf