So I was wondering if anyone knows anything about what kind of liability you have if you sell you home built rat... I'm not talking about building a car for someone but rather building a car, having fun with it for awhile and then selling it so you can do another one. I really like the build process but can't have a stack of cars sitting there! Anyway, I was just curious if anyone knows if you are liable for something going wrong with a car that you built once you no longer own it.
Liability when selling your car
- Thread starter willyD
- Start date
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Willowbilly3
A *real* tin magnet
I would think there is always some liability on any safety related parts that you engineered or modified, especially steering and brakes. If you are worried about it, write up a form in lawyer speak that they have to sign.
05snopro440
Well-known member
It's a used car, I don't see how you would hold any liability unless you misled someone into thinking it was safe and it was not.
I write "Sold as is" on the bill of sale for anything I sell. I think that probably takes care of any remaining liability.
I write "Sold as is" on the bill of sale for anything I sell. I think that probably takes care of any remaining liability.
Torchie
Well-known member
I'm like snopro. I always write"As is and No warranty implied or given " on my bill of sale.
We live in a time where it seems that everyone wants to be able to sue some body for something. I don't know that you can totally protect yourself if some one wants to come after you.
Torchie
Willowbilly3
A *real* tin magnet
I think even "as is" leaves a buyer to not expect a catrastphy like a poorly welded on tie rod end to fall off. There are a lot of precedents like assumption of the risk that a good lawyer could trot out, If there ever was an issue, it would still be who had the best lawyer.
Even though you can't sign away rights, even if you tried, I think a good CYA would be to have them sign a statement that they realized they were buying a modified vehicle and they should have their own mechanic scrutinize the vehicle to their satisfaction before pressing it into service.
billy
Motor mouth ratchet jaw!
what if it handles like a gazelle?*
*with a broken leg falling down the stairs?
*with a broken leg falling down the stairs?
05snopro440
Well-known member
I agree there's probably some expectation. However, if I'm buying any vehicle (new or old). The first thing I am going to do is check everything over and make sure I didn't miss anything or that the wheels aren't about to fall off, etc. If you don't check it over or have someone else check it over, shouldn't you be liable? (That's just a rant).
I've seen a lot of shoddy work on vehicles that people have bought or sold and I just wonder what they were thinking.
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IronRat
Well-known member
If you might get in trouble it would be in your sales pitch.
There's a fine line between Hype and Fraud. So be cautious in what you say or put in writing. Keep to honest statements of fact and you are on solid ground.
While it is a wise idea including "As is" on you Bill of Sale. "As is" will not Trump bold faced lies. If you advertise Numbers Match…they dammed well better and "as is" won't save your Butt. Same goes for No Leaks. etc. etc.
I tend to negative sell and seldom have problems. I'm on Car #35 or #36 since 1974. Treat your buyer like you want to be treated
There's a fine line between Hype and Fraud. So be cautious in what you say or put in writing. Keep to honest statements of fact and you are on solid ground.
While it is a wise idea including "As is" on you Bill of Sale. "As is" will not Trump bold faced lies. If you advertise Numbers Match…they dammed well better and "as is" won't save your Butt. Same goes for No Leaks. etc. etc.
I tend to negative sell and seldom have problems. I'm on Car #35 or #36 since 1974. Treat your buyer like you want to be treated
IAM-LDS-2
Well-known member
I just sold my garage built rat and one of my best selling points and comfort point to me and the buyer is it has been on the road for 8 years and it is obvious it is a sound build .
Willowbilly3
A *real* tin magnet
That from a car guy but often these cars get bought by people without a clue, and even people with a little clue get bit sometimes. While we would like to think common sense always prevails, often it doesn't.
Coffee Freak
Well-known member
Only time I ever got into trouble with a sale of a vehicle was selling an 87 Daytona Turbo that I had driven for a while and let the tags lapse. Kid came and bought it from me and I explained what I had done to the car (not much)and he took it home. Couple days later his dad calls and wants his money back. I explain to him that the car was bought as is where is (verbal - not written) and he tells me he is taking me to small claims court. He does and the judge asked me how I expected him to be able to take a realistic test drive of the vehicle with no valid tag on it. Ruled in his favor and I had to buy the car back, but now with a bunch more miles on it, bald front tires and an oil leak. Needless to say I was ticked, but with the judgement in his favor, stuck.
Lesson is to get in writing that the car is bought "as is, where is". North Carolina kinda takes care of that for you by having the sales process notarized. Michigan (where this sale took place) was a lot more lax and I was pretty naïve at that point. I got snookered - no way around it.
