If a person builds themselves a hot rod ,or any car for that matter , drives it for a few years and decides to part ways , sella it with a notarized bill of sale stating "as is, as shown , no guarantee or warranty written or implied " , how much liability does the builder , or their heirs bear ???
It should be like buying a used vehicle in your state. I/e in Ca., you buy one "where is as is". So if I sell you a '82 XXX and the wheel falls off, I'm not liable unless you could prove negligence on my part. Which would be extremely hard to do IMO. Now, that said, I'm no lawyer and haven't even slept in a Holiday Inn for the past few years.
Here in South Carolina a bill of sale without a title should be avoided but if you buy a car in this State and it breaks in two pieces they both belong to you. HRP
No such thing here, vehicles need a thorough mechanical inspection with a safety certificate being issued at time. Vehicle needs to meet minimum safety standards and safety certificate to transfer ownership. If sold unregistered no certificate is issued, sold 'As' is', 'No warranty, expressed or implied'. Other states have yearly inspections irrespective if selling or not. 12/12 warranty, 12' or 12 seconds; whatever comes first.
If you were wealthy enough, I'm sure the purchaser's lawyers could figure out a way that it's your fault.
I can see a new insurance business opportunity happening here. Sellers and Buyers Transaction Coverage. And why stop there? Why not Compensation Coverage for buyer and sellers remorse? Jesus wept, is this shit what the HAMB is really turning into?
I’m going to say none, and double no on the heirs. But that’s not going to stop a hungry lawyer from trying to squeeze someone for something to eat. Nor will that stop a stupid someone from low level extortion.
Jim at Carmichel's Auto Parts in Excelsior, Minnesota, had the same warranty back in the fifties and sixties, only he called it their "50/50 Warranty". He also had a standard answer when someone asked him if a part was "any good". He would always reply; "If it's no good, bring it back, and I'll give you another one just like it." It was surprising how many people were satisfied with that.
Asking because I'm near the end of my road and don't want to leave potential problems for my heirs...sorrrrryyyyyy !
So how do you buy something that won't pas inspection ? Just wait and see if it'll be approved when you're done ? Sounds Hinckey ....
Nothing here, similar to Australia. Once it is passed certification and has current Warrant of Fitness, it is deemed fit for purpose and thus would prove difficult either way to put liability on the previous owner. Here, we would fix it and get certification then.
Sorry for your dilemma. - (which was obvious from the way you worded your question). You raise a valid point, hopefully you’ll get better responses.
Here is some reading that might be helpful https://www.lawyers.com/legal-info/...vate-seller-be-liable-for-a-car-accident.html I think, as a private seller, if vehicle is sold as you stated, "as is, as shown , no guarantee or warranty written or implied," you would be ok. Very clearly claiming nothing except that the vehicle is being sold "as is." Also found this on the Federal Trade Commission website: Private Sales Buying a car from a private individual is different from buying from a dealer. Private sellers generally are not covered by the Used Car Rule and don't have to use the Buyers Guide. However, you can use the Guide's list of an automobile's major systems as a shopping tool, and you can ask the seller if you can have the vehicle inspected by a mechanic. Private sales usually are not covered by the "implied warranties" of state law. That means a private sale probably will be on an "as is" basis, unless your purchase agreement with the seller specifically states otherwise. If you have a written contract, the seller must live up to the promises stated in the contract. The car may be covered by a manufacturer's warranty or a separately purchased service contract. However, warranties and service contracts may not be transferable, and other limits or costs may apply. Before you buy the car, ask to review its warranty or service contract. Many states do not require individuals to ensure that their vehicles will pass state inspection or carry a minimum warranty before they offer them for sale. You can ask your state Attorney General's office or local consumer protection agency about the requirements in your state. This is a link to the FTC website that covers used car sales https://www.consumer.ftc.gov/articles/0055-buying-used-car
He said "drive it for a few years AND sell it with a notarized bill of sale". Assuming here,(we all know what that means) that it had to have a title to drive it for those few years, AND he provided a bill of sale along WITH the title...he said nothing about no title. Also, I don't know about the liability
Do they have any money? Lawsuits work on the "deep pocket" principle. The sharks don't waste time if it won't pay off.
Western Australia is different to the rest of Australia. No annual inspection for roadworthy, buyer beware on second hand cars unless from a dealer and over a certain amount. Unlicensed cars are bought on "bill of sale" only. You do your own research as to it being stolen, financed etc. I buy abandoned O/T cars all the time as parts cars, all I need is a receipt from the owner of the property it's dumped on. To register them on the road it's just a trip to inspection and a pass on roadworthyness. Registration is not proof of ownership here. When selling a car I tell them to have it checked before paying otherwise it's a driveway warranty, covered to the end of my driveway, lol.
Well if you feel you work is that suspect you may want to take it apart and sell it off that way. A lawsuit would have to prove neglect when the vehicle was built. That is crap like butt welding a impact universal joint in the steering shaft. Frame welded up by someone who can't weld but welded the frame anyhow. Or using electrical conduit as radius rods with the ends flattened and drilled for 3/8 bolts (that was on a rod that had driven several hundred miles to Tulsa for the 73 Street rod nationals. Told to me by the guys from the Michigan street rod Assn repair shop when I was borrowing a torque wrench to torque the head on my 48. That simply meaning that if you built your car with quality parts including oem parts and had the skill level to do it correctly and the forethought to make sure that any safety related items were done correctly you shouldn't have a worry. If it is an untitled unlicensed rat rod that you trailer to events because it isn't legal for the street as many rat rods in this area seem to be as the row of tow rigs and trailers looks like high buck row at the back of a Good guys event at the local rat rod show. Then you may have problems.
In reference to those stitched together used cars that back street "rebuilders" stick together using the front half of one and back half of another. I was third guy at a wreck a few years ago where one of those broke apart when the car was broadsided on the passenger side by someone who ran a stop sign. Luckily the guy who was driving it was alone and had his seat belt fastened. Little 4 door rice burner front wheel drive that had been cut though the sail panels and through the floorboards where back seat passengers put their feet. When it got hit the car broke in half with a clean break and the front half went one way and the back half went the other. It got hit in the right rear quarter probably saving the driver's life. He had bought the car off some gypo lot a few weeks before. When the state patrolman got there he took one look and said he knew who had put it together. The outfit bought wrecks that were hit in the back that had clean titles to use the front half so they didn't have to have the cars inspected. That was the third of fourth car that they had done that had come apart like that.
Other than a water pump failure and an alternator failure , I've driven the car for 19 years and ,50k miles , while I did the best I could in all aspects , nobodys perfect( as witnessed by what the factory produces) , I was simply trying to find out what the laws are , hope your life goes trouble free ......
don't stop there, you got a lot more to worry about. your house get's sold the new owner;s die of cancer had to be materials in the house. are your grandkids liable? maybe, but there already in trouble cause they donated your clothes to the needy and someone hung there self with your belt. if you dwell on it awhile i'm sure you can come up with a endless list of depressing scenarios.
All this babbling about titles may not be applicable in all states. Here in GA if it's more than 25 years old, no titles are needed, just a bill of sale! Inspections? "We don' need no stinkin' inspections"
With no offence intended, if protection of your heirs is your prime concern, do you think that getting your legal advice from the HAMB in actually in their best interests?
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