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Questions About Private Sale Transactions

236 messages,  Last post on Nov 20, 2009 at 5:18 PM

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#184 of 236
Re: Private Sale [2doorpost] by jipster
Sep 16, 2008 (10:54 am)
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Replying to: 2doorpost (Sep 15, 2008 8:21 am)

without getting sued in the end
 
You told the buyer the needed repairs. You wouldn't have gotten sued.
 
Even if you hadn't told of needed repairs, old cars are sold "as is".
 
I try to sell my cars at a price high enough to bring top dollar, and low enough to generate enough calls to have it sold within a week or two.
#185 of 236
Re: Private Sale [jipster] by Mr_Shiftright HOST
Sep 17, 2008 (9:06 am)
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Replying to: jipster (Sep 16, 2008 10:54 am)

Not always jip. Anyone can sue you for any reason they like. I was sued once on a used car that I had sold two years prior!! Sure, the case was thrown out but I had to hire an attorney nonetheless. Buyer claimed it was in a flood. FORTUNATELY, he had the car checked out by a 3rd party prior to purchase, and this weakened his case considerably.
 
If you "misrepresent" the car, even if you advertise it AS IS, there are circumstances where you could be sued. For instance, if there's a VIN # issue (even if you didn't know about it), or if you said the car only had two owners but later the records show 12 owners, (and believed it) or if there's provable fraud, blah blah.
#186 of 236
Re: Private Sale [Mr_Shiftright] by isellhondas
Sep 19, 2008 (12:59 pm)
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Replying to: Mr_Shiftright (Sep 17, 2008 9:06 am)

Years ago in So. Calif, a friend of a friend sold a very nice Oldsmobile that was probably five years old. It had been well taken car of but it had something like 120,000 miles. The price wass very attractive because of the miles and it sold quickly. The seller gave him all of the maintenance records and told him that as far as he knew the car was sound. He also reminded the new buyer that it did have a lot of miles.
 
Three months later( I think) the transmission went bad and the seller ended up in Small Claims Court.
 
The miserable judge made him pay for half the cost of a rebuild!
#187 of 236
Re: Private Sale [isellhondas] by Mr_Shiftright HOST
Sep 19, 2008 (1:42 pm)
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Replying to: isellhondas (Sep 19, 2008 12:59 pm)

We all think scribbling "AS IS" over everything exonerates us from all legal assaults, but here are two cases where it did not.
#188 of 236
Re: Private Sale [Mr_Shiftright] by jipster
Sep 19, 2008 (6:15 pm)
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Replying to: Mr_Shiftright (Sep 19, 2008 1:42 pm)

You'll always have your freak lawsuits (ala McDonalds hot coffee) and bonehead judges, but 99% of the time a car sold "as is" is the responsibility of the buyer, should any future problems arise. Of course, as you noted, selling a car with bad brakes, with a repair estimate from "Brake World" in the glove compartment, is a lawsuit the seller will not win.
#189 of 236
Re: Private Sale [jipster] by Mr_Shiftright HOST
Sep 19, 2008 (6:26 pm)
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Replying to: jipster (Sep 19, 2008 6:15 pm)

yeah I guess but the McDonald's lawsuit was successful for the person who sued. Point is, don't think AS IS excuses you from being careful about what you say and what you do. It's much better to shut up and say as little as possible, or keep in vague----"she's a beauty. Runs like a top!" But if you say "rebuilt engine" when you just put on a cylinder head----watch out!
#190 of 236
Bad Title by oldfarmer50
Jan 13, 2009 (3:15 pm)
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Occasionally on Craigslist I see ads for cars with the heading "For Parts Only, Bad Title". I wonder how you get a "bad title". Does this mean the car is stolen?
#191 of 236
Re: Bad Title [oldfarmer50] by Mr_Shiftright HOST
Jan 13, 2009 (3:39 pm)
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Replying to: oldfarmer50 (Jan 13, 2009 3:15 pm)

Not sure what that means...probably means no title or just a Bill of Sale or maybe an old title with some strange signatures on it. (people nobody knows).
 
If the car is not worth too much, it's really best to throw the old title away if it's messed up or crossed out or some such, and just get a valid Bill of Sale from the person you bought it from.
 
But if the car has real value, DMV might ask you to post bond, which is a pain.
#192 of 236
Re: Bad Title [oldfarmer50] by cccompson
Jan 13, 2009 (5:35 pm)
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Replying to: oldfarmer50 (Jan 13, 2009 3:15 pm)

Or it could mean that a vehicle has a salvage title.
 
The important thing is that the seller is conveying that such a vehicle is only suitable for parting out.
#193 of 236
Re: Bad Title [cccompson] by Mr_Shiftright HOST
Jan 13, 2009 (5:46 pm)
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Replying to: cccompson (Jan 13, 2009 5:35 pm)

True, true but that's an odd way to phrase it...a salvage title isn't a "bad" title, it's a perfectly legal document.

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