Is my friend liable

[Sal Lubrano]

My friend sold a 1985 monte carlo about 6 weeks a go. Yesterday the buyer called my friend. He was driving with his girlfriend and they saw a flame from under the hood. They got out and seconds later the whole car was up in flames. It melted so bad the frame even colapsed! My friend wants to know if he is in any way responsible? Thanks

 

[BlackMetal]

Not if the car is 100% transferred over to the new owner. Full vehicle inspection should be part of the buying process. Especially if it's been over a month already... not like it happened the next day.

 

[RobsIron]

Another good reason to put 'as is' on a bill of sale.

Don't forget to date it and have a witness.

 

[ChavoLC2]

Sometimes you have to go with your own heart, it's hard sometimes to sort out something like that, your friend I'm sure is experiencing false guilt because he feels bad for the couple and partly responsible. Thank God they escaped with their lives, your buddyis probably lookin back in retrospect and saying to himself that could of been me and my family . From a Legal perspective I don't think he is liable unless he knew there was a fuel problem and didn't disclose that info, only he would know , he must be an Honest dude if he's even considering be liable. If he wasn't an Honest man he wouldn't even give it second thought and tell the couple Adios. Nowadays old used vehicles are sold as is , drive it out of the lot it's yours baby. Your buddy may feel for the couple's loss and even though not legally liable is torn feeling responsible/guilty because he sold them the car. THat's a tough spot to be in feel for your buddy. Ultimately it's his call, they drove it for 6 weeks without no problems.

 

[Junior Samples]

Another good reason to put 'as is' on a bill of sale.

Don't forget to date it and have a witness.

+1...Always mark AS IS that way theres absolutely no legal repercussions.

 

[Little6pack]

My friend sold a 1985 monte carlo about 6 weeks a go. Yesterday the buyer called my friend. He was driving with his girlfriend and they saw a flame from under the hood. They got out and seconds later the whole car was up in flames. It melted so bad the frame even colapsed! My friend wants to know if he is in any way responsible? Thanks

NO WAY! after 1 week it is the new owners problem.

Why would the buyer call your friend & what did he say to your friend?
inquiring minds want to know?

 

[QuickBuick87]

+1...Always mark AS IS that way theres absolutely no legal repercussions.

+2 As long as it's plainly marked "sold as is", no problem!!

KB

 

[stack1]

It doesn't matter one bit if he wrote "as is" anywhere. No one expects a warrenty from a private party!!!!!!! Good luck trying to convince a judge that. If he's sold it from his dealership without "as is" then that's a different story.

 

[mikes gn]

i sold a car to one of my nephews, we all said the car will be junk in less than a month, 4 hours later he blew the tranny, i felt bad and was going to take care of it untill i heard every thing he was doing for last 4 hours. but 6 wks lots can happen in 6 wks (as is )

 

[SouthernCal GN]

i sold a car to one of my nephews, we all said the car will be junk in less than a month, 4 hours later he blew the tranny, i felt bad and was going to take care of it untill i heard every thing he was doing for last 4 hours. but 6 wks lots can happen in 6 wks (as is )

Great point- you don't know what has been done to the car after it leaves your possession. No legal liability exists- no case.

 

[Junior Samples]

It doesn't matter one bit if he wrote "as is" anywhere. No one expects a warrenty from a private party!!!!!!! Good luck trying to convince a judge that. If he's sold it from his dealership without "as is" then that's a different story.

your right, just poked around a bit online and found that to be the case however..lol, always a however
No really i found some diff laws that vary like in Mass and or Cali, stuff like hyping the car up to be the best then it turns out to be a turd then claiming it was sold as is... but it always comes down to proving the seller said it was the greatest/
For a private sale in Mass
The law requires private sellers of used cars to disclose all known defects that impair the vehicle’s safety or substantially impair its use. Failure to do so entitles the buyer, within 30 days, to rescind the sale and be entitled to a refund, less 15¢ per mile of use.
So, he's got to prove that the car went through oil like crazy, and that the seller knew it.

didnt find much else
anyway you are correct though

 

[Gothmog]

No, he's not responsible unless he had prior knowledge that there was a condition that could cause a fire and kept it from the buyer.
which I'm sure he didnt.

 

[Sal Lubrano]

Thank you for all your info. I felt the same way. Why would my friend be responsible especially after 6 weeks.

 

[RobsIron]

It doesn't matter one bit if he wrote "as is" anywhere. No one expects a warrenty from a private party!!!!!!! Good luck trying to convince a judge that. If he's sold it from his dealership without "as is" then that's a different story.

your right, just poked around a bit online and found that to be the case however..lol, always a however
No really i found some diff laws that vary like in Mass and or Cali, stuff like hyping the car up to be the best then it turns out to be a turd then claiming it was sold as is... but it always comes down to proving the seller said it was the greatest/
For a private sale in Mass
The law requires private sellers of used cars to disclose all known defects that impair the vehicle’s safety or substantially impair its use. Failure to do so entitles the buyer, within 30 days, to rescind the sale and be entitled to a refund, less 15¢ per mile of use.
So, he's got to prove that the car went through oil like crazy, and that the seller knew it.

didnt find much else
anyway you are correct though

C'mon guys..both of you must be aware the many frivolous lawsuits out there.

Lawyers will sue you over anything nowadays. Especially if there was loss of life.

I never said anything about a warranty. I'm more concerned about Personal Liability. No matter what was or wasn't disclosed in the initial conversation of the vehicle during the sale a simple witnessed dated 'As Is' is basic CYA.

 

[stack1]

Lawyers will only go where the money is. They have no intention of waisting time chasing after a few thousand dollars. No one would pick up a case like that. Too much work and too little money to be had.

 

[RobsIron]

It doesn't matter one bit if he wrote "as is" anywhere. No one expects a warrenty from a private party!!!!!!! Good luck trying to convince a judge that. If he's sold it from his dealership without "as is" then that's a different story.

Lawyers will only go where the money is. They have no intention of waisting time chasing after a few thousand dollars. No one would pick up a case like that. Too much work and too little money to be had.

In the case pertaining to the thread poster you're correct. My point in my original post was to take the extra 30 seconds and do a Bill of Sale correctly.

I disagree with with your first post. Especially in a case where a death has occurred. Even if your broke..they'll go after your wealthy grandpa..and win.

I am a Licensed Dealer. 'As Is' is there for much more than warranty issues. If its good enough for a Dealer its even better for a individual.

 

[Junior Samples]

C'mon guys..

Rob,

I always thought one had to put that on a bill of sale and have always done so, but once I seen Stacks post i looked it up and found it wasnt needed.

Now does that mean i will no longer put "sold as is"???
no way... I figure that at least by adding that if the 73 pinto i happen to sell blows up ..lol and only if the guy lives, he wont show up at my door waving the BOS in my face telling me i didnt put as is...so if it just puts the squash to any ideas I, like you will still continue to put "as is" just to eliminate any hassle.

Mike