I tried a search but probably didn't use the correct term. Do any of you get the buyer to sign a disclaimer when you sell your ride? You know like "I understand that this car was owner built.... You get the idea. Bill
It's a used car, as is. In my opinion it's on the buyer to make sure the car is roadworthy whether the seller claims it is or not.
Sold as is where is, no warranties are implied or given. Seller acknowledges they have had the opportunity to inspect or have the car inspected to satisfy themselves to it's condition.
Even when I sell a car with ***le or parts car a bill of sale is included with as is,no warranty and if buyer can"t sign that he hasn"t bought anything.Its the buyers responcibility to check things out before making a purchase,**** people will tell you anything to close a deal.
There are a number of free downloadable sales contracts out there, here's one I found with the search words 'standard car sale contract': http://www.docstoc.com/docs/204875/Contract-for-the-private-sale-of-a-Motor-Vehicle They all have some typical disclaimer words in there, about no warrantees are implied, etc.
DO NOT PUT A DISCLAIMER ON ANYTHING! That, in some states, MAY be viewed as some sort of implied warranty or fitness of use, DON'T EVEN THINK ABOUT IT! Do something like this... I (your name) do hereby sell and transfer full ownership of one 1950 Ford Sedan, VIN ABC123456 AS-IS and WHERE-IS with any and all faults seen or unseen and without any warranty whatsoever to (buyer's name) for the sum of $X payable in cash. This do***ent shall accompany (Your state name) ***le # ABC123 OR Transferable Registration #**XCCC I hereby state that the odometer reading at the time of sale reads **X,**X and is to the best of my knowledge the actual mileage of the vehicle. OR I hereby state that the odometer reading at the time of sale reads **X,**X and DOES NOT reflect the accurate mileage of the vehicle and should not be relied upon for accuracy OR I hereby state that under (Your State) law this vehicle's odometer reading is EXEMPT from reporting requirements and the vehicle is sold as "mileage exempt". Dated this X day of Month, 2011 at (City and State)." I sign on the odometer, and at the bottom, so does buyer. ALWAYS get it notarized. ALWAYS keep a copy That's it, identify car, ***le #, buyer's name, address, DL# and state that the car is sold AS-IS, WHERE-IS with any and all faults seen and/or unseen. I have sold cars that needed work a bunch of times, once had a schmuck take me to court because one car I sold (A rather expensive Jaguar XK120 basket case) ended up having a completely ****ed engine. Bear in mind, I bought the car out of an estate situation, it hadn't been driven since about 1961 and I hadn't even tried to turn the engine, I told the buyer that XK engines were real potential disasters if they sat for decades (As this one had..think head studs going through water p***ages) and that the car needed a complete and total restoration that would cost many multiples of the purchase price. He wanted to try doing it himself, and I flat-out told him that he was out of his mind and that it was a very complicated and expensive car to restore. Well, the ***hole called me, wanted money back, I said no way, he took me to court. This actually went to court and got thrown right out, I kept a copy of the notarized bill of sale and the original eBay auction, I won, and I also got my legal expenses back. On a bill of sale, keep it STRICTLY to the specific facts ONLY. Party X is selling Party Y a specific item for a specific price under these specific terms.
You want a hold harmless agreement. I use one on some things I sell. Tractors, lawnmowers, equiptment, ect. I also use it on things I build. Look it up on the internet, my microsoft word won't let me copy and paste it. Make sure that it states that any problems that go to court do so in your area. Also include a phrase that states something like " if any part of this do***ent are not legal, only those parts will be thrown out and all other parts of the do***ent will remain in effect" . Mine was basically copied from a website that sold scooters. It said that they built good scooters to do what scooters do, but if you did something beyond that it was your problem. You hurt yourself, it was your problem.
As is, where is, no warranty expressed or implied. Get two signed copies (one for you, one for them) on ANY car you sell whether it's one you built from scratch or bought off the showroom floor a couple years ago.
"Sold as-is, where-is, with absolutely NO warranties of any kind, either expressed or implied. Buyer accepts all responsibilities for this 1955 Barfmobile, VIN#123456, Transylvania ***le number TR12**x12**x, once the transaction is complete (money and ***le/registration/vehicle change hands), and is responsible for all transportation arrangements." TWO signed, notarized bills of sale!!!
Here is the Hold Harmless form I based mine from: Legal Disclaimers, Terms, Policies & Conditions: You understand that you have purchased a motor scooter from Propel Imports, Inc. If you buy, for personal use and/or for resale as a dealer, a Scooter(s), ATV(s), Mini-Bike(s) or other product(s) offered for sale, you are a “Purchaser”. The use of the term ‘you’ or ‘your’ shall be interpreted to mean and have the same effect as Purchaser. and its websites, (hereinafter “Distributor”, expressly disclaims all warranties either expressed or implied warranty of merchantability or fitness for a particular purpose, except warranties described above. “Product” is defined as the Scooter(s), ATV(s), Helmets, Accessories and other products sold by Propel Imports. (“Distributor”. You as Purchaser agree to on behalf of yourself, your personal representatives, ***igns, heirs, and next of kin you hereby release, discharge and covenant not to sue Distributor, its owners, directors, trustees, officers, members, volunteers, and employees (the “Releasees”, from all liability, claims, losses or damages on your account arising out of activities ***ociated with the purchase of the product(s). You further agree that if, despite this release and indemnity agreement, you or anyone on your behalf makes a claim against any of the Releasees, you will indemnify, defend and hold harmless each of the Releasees from any litigation expense, attorneys’ fees, loss, liability, damage or costs which also may incur as a result of such claim. Warning: Scooter riding activities involve risks and dangers of serious bodily injury, including but not limited to: disability, paralysis and/or death. These risks and dangers may be caused by your own actions, or inactions, the actions or inactions of others participating in the activity, the condition in which the activity takes place, or the negligence of others. There may be other risks, social and economic losses either known to you, not known to you or not readily foreseeable at this time. You fully accept and ***ume all such risks and all responsibility for losses, costs and damages incurred as a result of your participation in the scooter riding activity. You must inspect all equipment before using it and to take full responsibility for ***uring that the equipment is in good working order and safe to use. You further understand that you are responsible for damage to equipment. Agreement: By signing below, you cons***ute your understanding and acceptance of all of our policies and agree that they cons***ute a legally binding agreement. Any ambiguous language in this agreement shall be interpreted as to its fail meaning and not strictly for or against any party. Such arbitration shall be conducted in De Pere, Wisconsin and governed by the then prevailing commercial arbitration rules of Wisconsin law, with the following exceptions if in conflict: decisions and awards rendered by the arbitrator shall be final and conclusive and may be entered in any court as a basis of judgment and of the issuance of execution for its collection. All speculative damages to either party shall not have the power to amend this agreement. The arbitrator shall be required to follow applicable law. [IF FOR ANY REASON THIS ARBITRATION CAUSE BECOMES NOT APPLICABLE THEN EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES.] Any and all attorneys’ fees will be the responsibility of the non-prevailing party. All claims or disputes must be filed within the jurisdiction of Brown County, Wisconsin. Severability of Agreement: If any term or provision of this agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable or invalid provisions shall be stricken from this agreement, and such provision shall not affect the legality, enforceability, or validity of the remainder of this agreement. If any provision or part of this agreement is stricken in accordance with the provisions of this section, then this stricken provision shall be replaced, to the extent possible, with a legal, enforceable, and valid provision that is as similar in terms to the stricken provision as is legally possible
sold to ____ for $$, AS IS, where is, NO WARRANTY IMPLIED-dated(two copies )signed by you and buyer, you keep one.
Here is what I put in my Bills of Sale....I sell many types of cars for clients and this has served me well, use what you need.......Hope it helps. Murph <!--[if gte mso 9]><xml> <w:WordDo***ent> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <woNotOptimizeForBrowser/> </w:WordDo***ent> </xml><![endif]--> Seller Commonsense Disclaimer - The Seller will make himself available at any predetermined for a vehicle inspection. He will point out the engine numbers, VIN, data plate and engine stampings etc. He does not guarantee that the engine or any other component on the vehicle is in fact the original or correct part for the car. Further, the Seller cannot guarantee the originality/condition of this vehicle, which includes, but is not limited to, the engine, transmission, matching numbers, color, data tags or do***entation. Unfortunately, the potential for restamped engines and reproduced trim/data tags exist in the Cl***ic Car market today. The entire risk as to the originality/condition of the vehicle and inspection before it is purchased is the responsibility of the Buyer. The Buyer must represent that he/she has had the opportunity to have or has had the vehicle inspected prior to purchase. The Buyer accepts the vehicle with all advertised equipment, options and accessories in "As Is" condition with any faults or defects. The Buyer will bear all future costs of repairing or correcting any defects that exist or may occur in the future. The Seller will have no responsibility or liability for any consequential damages or injury caused by any failure or malfunction of the vehicle or any components. The Buyer and Seller acknowledge that if the transaction is consummated, that the Buyer agrees that in the event of any dispute or disagreement between them relating to the agreement of sale, the laws of the State that the car is located / sold in shall govern the rights and duties under the agreement and that the signing of said agreement shall be construed to have occurred in that State.
There are lots of "Bill of Sale" templates available for free on line. Do a web search and find an appropriate one to use.
I always add the exact time the transaction takes place, down to the minute. That way, hopefully, if the buyer does something stupid with the car ten minutes after he leaves me I have some proof I didn't own the car at the time. I make two exact copies with both of signing and dating it.
remember when a hand shake was that was needed. now we have to cover our ***es left and right. also if you sell to a guy that doesn't speak English your gonna have to do it in his language had a mexican try that on my roofing contract. he spoke english up until it was time to pay. luckily i had him put in his own writing the changes he wanted and signed it.
"as is/where is" doesn't seem to work on most people anymore.They understand it as meaning 'today'. A week after they buy your car,and something goes wrong,that concept is out the window.In addition to as is/where is, I also put something like this on my bill of sale " after this date,any mechanical or cosmetic issue with this vehicle is NOT the responsibility of Doug B.." make the buyer sign 2 copies,I keep my copy for at least 2 years.
Good stuff posted above. Besides and agreement of sale, you also want to make sure the ***le (if any) transfer is well do***ented. Most states ***le do***ents say right on them that the Seller should never sign unless/until the buyer signs, too. Some buyers like to "float" the ***le by keeping it in YOUR name and flipping it to another buyer. I had a guy buy a car from me and crash it without ever transferring the ***le from my name or registering it. I got very lucky that time.
Most states now use a "Sellers Report of Sale", wherein the seller is required to report the sale of a motor vehicle to the state with "X" number of days, providing vehicle description and to whom the vehicle was sold. The do***ent is essentially a "release of interest" in the vehicle. In the event that the purchaser then neglects to transfer the ***le in a timely manner and then gets into an accident or the car gets impounded, the seller is deemed to be not responsible for costs. You can't go too far to cover your *** in this day and age. Mike
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