I have a car that was run dry of oil and I put a private add up selling it and was very upfront about the condidion. Its running now, but from what my mechanic says, its risky to take it out on the highway. AsI said, I disclosed all of this as I don't want to be the type fo guy that sells a lemon.
I have someone who agreed to pay me in cash for the car who wants to pick it up and drive it home which entails about 20 miles of highway driving. I told him repeatedly that it might not make it but he assures me that it won't be a problem.
What I want to avoid is having this guy break down on the way home after selling him the car and somehow come back trying to sue me or get his money back since I have been upfront from the beginning.
Can I avoid this by simply having him sign something stating that he is fully aware that I have said the engine might not be in good enough shape to drive?
What would you recommend?
2007-01-24 06:59:11 · 9 answers · asked by Marcello 2 in Cars & Transportation ➔ Buying & Selling
It really depends on Where you live. Some states have lemon laws that make the seller liable for anything not disclosed prior to sale. Since you have already been up front about the condition of the car, you should be okay. The trick now is to get in writing.
When you sell the car, there will have to be some kind of paperwork, depending on how old the car is it could be as simple as just a bill of sale. I have sold many cars with only a handwritten bill of sale.
You MUST list the major exceptions on the bill before the new buyer signs. Selling the car "as is" isn't always enough, you need to detail whatever you discussed, including condition, payment arrangements, storage, transportation, etc. Basically CYA.
If you are unsure about how to make a bill of sale or if your car requires more paperwork for legal sale, contact the local DMV. They often will have documents on file that you can fill out with the necessary information. Also, try to have everything notarized if you think for a minute that the buyer may be the law-suit type.
2007-01-24 07:09:50 · answer #1 · answered by Chris Ford 3 · 0⤊ 0⤋
I am not a lawyer and do not give legal advice, But I do sell cars quite often and always suggest a signed bill of sale stating Exact time, price, vin #, and 'AS-IS status with no warranty and no insurance.
Time is stated so if there is an accident with injury it can easily be shown that it occurred after the sale.
Price is shown for tax purposes.
Vin # for identification
AS-IS is to show that the car is used, has no warranty, and will be sold at an agreed price that was considered fair by both parties considering the condition.
In this case you may want to list sold running as parts only, or even state 'fixer-upper' on the bill of sale.
If you wish to be more formal, have the bill of sale notarized, and list drivers license numbers of the buyer and seller.
Good luck everyone appreciates people being straight forward;
I applaud you.
KC
2007-01-24 07:09:10 · answer #2 · answered by ksib 3 · 1⤊ 0⤋
I sell cars in Ohio. My recomendation would be to obtain a bill of sale and have it notarized when both partys have signed. And if you put it in an ad, keep the paper so that you can show the date. This will also show proof that you made any and all buyers aware of the vehicles state.
2007-01-24 08:32:47 · answer #3 · answered by painter in ohio 2 · 0⤊ 0⤋
Put it all down on paper and have him sign it. The car is being sold "as is" all sales final, no money back.
2007-01-24 07:03:53 · answer #4 · answered by ? 7 · 0⤊ 0⤋
Here is a legal disclaimer of warranty that you can put on paper and have them sign.
THESE GOODS ARE SOLD "AS IS". THESE GOODS ARE SOLD WITH ALL FAULTS. THESE GOODS ARE SOLD WITHOUT A UNIFORM COMMERCIAL CODE WARRANTY. THE BUYER AGREES TO "HOLD HARMLESS" THE SELLER FOR ANY DEFECTS IN THE GOODS. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED AS TO THESE GOODS, INCLUDING WARRANTIES OF MERCHANTABILITY. THE SALE IS FINAL. THE BUYER HAS HAD ADEQUATE OPPORTUNITY TO INSPECT THE GOODS FOR FAULTS.
Dated:
Signature:__________________________
[seller's name], Seller
Signature:__________________________
[buyer's name], Buyer
2007-01-24 08:06:40 · answer #5 · answered by Dave 2 · 0⤊ 0⤋
You have this person sign a statement saying he is buying this car as-is. With no implied or actual warranty.
2007-01-24 11:05:06 · answer #6 · answered by Anonymous · 0⤊ 0⤋
Just do it the good old fashion way, write up a bill of sale as is.
2007-01-24 07:08:58 · answer #7 · answered by GRANPA1 1 · 0⤊ 0⤋
I would definitely make him sign something. I would also have a witness for him and a witness for you to sign it. You keep the original and give him a copy.
2007-01-24 07:08:02 · answer #8 · answered by Bethe W 4 · 0⤊ 0⤋
Selling as is,have them sign and collect CASH only and you have nothing to worry about.
2007-01-24 07:41:24 · answer #9 · answered by Anonymous · 0⤊ 0⤋