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Raudermaster
08-14-2007, 07:18 PM
So, I think my SHO sold to a fellow here at work, he's going to let me know tomorrow. Anyway, I was wondering if writing "As Is" counts anymore? My father has told me as well as many other people here at work that it doesn't work anymore. I just wanted to see what you guys had to say about it. There is nothing wrong with the car, I just want to cover my own butt just in case.

sabtaj1
08-14-2007, 07:27 PM
Thats what I do, I write up the vin number, milage, purchase date and so on. I then make two copies. I sign both (write and signature). And I have the buyer do the same. That way you will always retain an original copy and so will the buyer.

Breadfan
08-14-2007, 07:49 PM
It certainly doesn't hurt, and it's a signed admission from the buyer that the car is "as is", thanks to "caveat emptor" it would be harder to have a problem with that, as said above, save yourself a copy of the bill of sale.

Don't forget to call your insurance when you sell it, don't want anything happening when it's on your policy still.

Raudermaster
08-14-2007, 08:23 PM
Yes I will make sure I take it off. But I was asking if "As Is" is still legal to write and abide by that? I have heard that it is not valid anymore?

MM_BKK
08-14-2007, 09:48 PM
So let's say that the "AS-IS" agreement is not binding, how long are you suppose to warranty the car for? How will that be enforce? Are you still responsible if the car was abuse/race? What % of the repairs are you going to pay?

I would definitely have your buyer sign the "AS-IS" agreement. At least you will have something in writing in case you have to go to court.

I would rather take the chance of having the written agreement than not. Verbal agreements doesn't hold up well in court.

teamrope
08-14-2007, 10:27 PM
Ive never seen a used car with over 100k miles have any kind of warranty beyond 50 ft or 3rd gear, which ever comes first. I'd do the bill of sale with the as is verbiage.

kayzap
08-14-2007, 10:41 PM
AS-IS is a legal description that is a valid defense in a civil suit.

Other popular verbage is:

No warranty expressed or implied. So if the buyer says in Court that you told him the car was wonderfull or never gave you a problem etc.

As Is Where is. That means as soon as he turns a tire it's his problem.

This does not apply to legal requirements. Valid title etc.

Blue03
08-14-2007, 11:18 PM
Here is what I use... Legal ? Beats Me... but it sure makes it clear what, where, when, how much and what the intent of both parties is for repairs after the new owner drives off with the vehicle. As always legal advice should be left to those qualified to give ($$) it... and for your particular situation. It's not my vocation so... but if its useful...clean it up and good luck!!

BILL OF SALE


FOR THE SUM OF $x,xxx (xxxxx THOUSAND xxx HUNDRED DOLLARS) RECIEVED BY THE SELLER FROM THE PURCHASER, BOTH LISTED BELOW, THE SELLER SELLS AND TRANSFERS THE TITLE AND OWNERSHIP OF ONE 19XX BUICK LeSABRE CUSTOM SEDAN FOUR DOOR MOTOR VEHICLE WITH VEHICLE IDENTIFICATION NUMBER 1G4xxxxxxxxxxxxxx959 AND YOUR STATE LICENSE NUMBER 123XYZ TO THE PURCHASER. THE VEHICLE ODOMETER MILEAGE AT THE TIME OF SALE IS XX,XXX.

THIS MOTOR VEHICLE IS SOLD BY THE SELLER TO THE PURCHASER "AS IS" "WITH ALL FAULTS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY ARE SPECIFICALLY EXCLUDED. THE EXPENSE OR LIABILITY OF ANY REPAIRS OR CORRECTION OF DEFECTS THAT PRESENTLY EXIST OR MAY OCCUR AFTER THE SALE TIME OR MILEAGE LISTED HEREIN FOR THIS MOTOR VEHICLE ARE THE SOLE RESPONSIBILITY OF THE PURCHASER.

THIS BILL OF SALE IS MUTUALLY AGREED AND EXECUTED BY THE SELLER AND PURCHASER LISTED BELOW ON MONTH XX, 200X IN CITY, STATE AT XX:xx PM PACIFIC DAYLIGHT TIME.

SELLER: PURCHASER:
NAME; NAME;


ADDRESS; ADDRESS;


SIGNED; SIGNED;

martyo
08-15-2007, 04:21 AM
As is, where is. Always inlude that.

Raudermaster
08-15-2007, 05:30 AM
Alright thanks guys. I mean, I didn't sell it for the cost of a gold mine, so even if something little goes, he can't even feel bad since the blue book on an SHO in poor condition which mine isn't is still almost $2k and I'm letting it go to him for $1500. I will make sure I include As Is then.

Aren Jay
08-15-2007, 09:45 AM
It works up here.

As long as you don't advertise, in writting, anywhere that it is something that it is not.

Bigdogjim
08-15-2007, 09:46 AM
Just stop by a used car lot and copy what they put in the window, take a camera and take a picture:)