I am going to sell an old car, do I have to do to avoid problems , the car is sold as is, no warranty.?
I am selling an old car (1988) and the car has a salvage title, and like every old car has a lot of little areas that need attention, and I want to have something that protects me if the car breaks down the road some time from now and the prospect buyer wants to return the car of something like that.I plan to make the prospect buyer aware of as much as I know about the car, I don't want to take advantage of anybody. Please help, thanks
Public Comments
- You need to disclose the salvage title up front to any buyer. And when you sell the vehicle, make sure you mention "as-is" on the bill of sale. That will "cover" you, although you're already covered as any private party vehicle sale is deemed "as-is" unless noted in writing.
- On the bill of sale, put down salvage title and then everything you know of that's wrong with it. Put AS-IS in big letters in several places. Make 2 copies, make the buyer sign & initial both. Keep one copy. Fill in the buyers name on the back as well as the date. Don't leave it open. Don't fail to mention its a salvage title. Not disclosing it can cause you to owe them their money back years after wards.
- Sell the car "AS IS", tell of the salvage title and forget about it.
- All you have to do is be honest and let the buyer know that the car isn't perfect. You must disclose all known defects but insist that the car is worth the money you are selling it for. Suggest to the buyer to have the vehicle inspected before accepting delivery. That way any mechanical issues can be discovered and everything is out in the open. When you provide a Bill of Sale (that the buyer has to sign) make sure you specifically state the car is sold AS-IS. No warranty or guarantee provided or implied by the seller. No requests for refunds or returns will be granted. Buyer assumes all liability after the sale is complete. A well written Bill of Sale is your contract/agreement.
- OK here you go: 1) Tell the buyer the truth about the car. All the good and bad. 2) Supply copies of all important repair bills 3) I do not know if a "mechanical fitness" is required under your local laws. If so, provide it; if not, make it clear to the buyer that it is not provided with the car. 4) Notify your insurance company of the sale. Get a written confirmation! Be sure that the buyer at least has "trip or moving" insurance. Get a copy of the proof. You do not want to be responsible for an accident, after the sale. 5) Most jurisdictions require you to remove, and either keep, or turn in, the license plates. 6) Make a full size photocopy of both sides of the complete "ownership certificate". In most cases, you keep one half, and the buyer gets the other half of the original. Give the buyer his half, and be sure that he/she registers the change of ownership with the appropriate authorities. 7) Go through the entire car: Seats, Floor, Glove Box, Storage Areas, Trunk, etc... and remove any personal property you may have had in the car. 8) Confucious say: Wise man sell car for cash only. Foolish man do otherwise. 9) Assemble and staple together, and keep in a safe place, for at least 6 months, the following: Your copy on the (old) insurance slip for the car, your copy if the Insurance co's confirmation of insurance stoppage, your photocopy of the original ownership, your 1/2 of the transferred ownership slip, a photocopy of the mechanical fitness, if any (the buyer always gets a "legal" copy), your copy of the bill of sale, see below... 10) You will need a bill of sale, see sample below. You may need to modify it for your needs.... USED VEHICLE BILL and CONTRACT OF SALE Date: [yyyy/mm/dd, Weekdayname] _______ , ______ I, (seller name) ________, of (full address) __________, (phone#) ____________, do hereby sell my (year) _____, (make) ______, (model) ______, (color) _______, (VIN) _________ car, odometer reading _______. This car is sold AS IS, WHERE IS. No warranties are expressed or implied. The vehicle is sold uninsured, insurance is the required responsibility of the buyer. The car is sold without license plates, it is the buyer's responsibility to get licence plates for the vehicle. A Mechanical Fitness (Certificate) [ has / has NOT ] been made available to the buyer. If present, the Mechanical Fitness Certificate identifies the car as [ FIT / NOT FIT ]. If no Mechanical Fitness Certificate is present, then it is the buyer's responsibility to obtain one. Once the vehicle and ownership is transferred to the buyer, all responsibilities, rights, oblications, and any benefits or privileges inhgerent are also transferred to the buyer. I, (buyer name) ________, of (full address) __________, (phone#) ____________, do hereby purchase the (year) _____, (make) ______, (model) ______, (color) _______, (VIN) _________ car, odometer reading _______. NOTES OR COMMENTS: _____________________ In respect, I the seller have received consideration in the value of $ ___________. Consideration was given/paid via: [ Property / cash / certified cheque ]. We, the buyer and seller, do hereby agree on the accuracy of the above noted. We agree to all the terms and conditions listed above. As proof, we and a witness, do affix our signatures below: Seller (sign here) _______ (print here) _________ Buyer (sign here) _______ (print here) _________ Witness (sign here) _____ (print here) ________
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