What do I need to do, to CMA on an "As is" Used car sale, to a friend ?

Factual Questions
1

I have a 1996 Lumina. I know there are problems with it (Engine), but I don’t know what exactly (Im getting conflicting reports).

I Already have another car, so the Lumina can disapear… and I wouldnt care.

I do not want to invest one more penny on the Lumina. I have someone is FULLY AWARE that the car has problems, and has no problems taking the car from me, as is. Im ((Apparently)) gonna give him a hefty discount on it just so I can get rid of it.

What do I need to do Legally so I wont end up in trouble later? I assume One typed page of Something would do the job. What is that one page?

2

I don’t see why the line “This vehicle is sold as is” wouldn’t cover you. It’s up to the customer to ask you what’s wrong.

3

I dont think its that easy?!

4

Here - For State if Georgia

BILL OF SALE OF MOTOR VEHICLE / AUTOMOBILE
(Sold “As-Is” without Warranty)

5

As I understand it ,the sale, if no guarantee is written, OR IMPlIED,is automatically “As Is”.

So a note stating so is all that you need!

Caveat emptor!

EZ

But it would be wise to have an notarized document stating the condition of sale!

6

Maybe, maybe not. I know nothing about Georgia law, and a sale that is expressly “as-is” will admittedly provide some good protection, but two possible flaws with this analysis come to mind.

First, if the car has a serious hidden defect that you know about, and you don’t say anything, it’s possible that you might be held responsible, especially if someone gets hurt as a result. (Again, I emphasize that I have no idea on what Georgia law is on this point.) Example: the car has a leaky fuel line. You know this. You don’t tell the buyer, relying on your “as-is” language. Buyer drives off with car, picks up his kids, and car catches fire, killing one of the kids.

Second, there may be specific Georgia statutes that apply here. Used-car consumer protection laws are fairly common, but vary from state to state. Some don’t cover private sales. Others might.

Disclaimer. Even though IAAL, I’m not one in Georgia. I’m not your lawyer, and this isn’t reliable legal advice. See a Georgia lawyer for that. This is a general comment about possible legal issues in some states, and is not meant to be complete, or address all issues.

7

If there’s one thing that I’ve learned from my accidental exposure to Judge Judy, all private sales of used vehicles are on an “as is” basis.

She frequently tells people “You didn’t bring a mechanic with you to check it out? Your mechanic missed the flaw? Tough beans, ya whiny bitch! Next!”

I’ll allow that that Georgia state law might be a little bit better of a cite than Judge Judy – but at least they corroborate each other. :smiley:

8

An extreme example, but valid. The difficult part would be proof. How would you be able to prove the car was defective before the accident and that the accident didn’t cause the defect?

9

I got rid of an 89 Cavalier for $1200 a few years ago, “as is”. I just inherited my mom’s car and simply didn’t need the Cavalier. When we went to AAA to transfer the title, we were informed that “fair market value” for the car was something like $2300. The notary asked me why I was selling it at so much less than fair market, so I was able to pass the buyer a “just go along with me” wink, and made something up about the transmission needing work.

So, apparently, if you sell it “as is” in PA, and it’s less than what they consider “fair market,” you have to fill out a “form” telling them “why” and that you are selling the “car” with no “warranty”.

10

It might be difficult, or even impossible. On the other hand, it might be easy. How might I investigate this?

I’d start with whatever police investigation took place. Depending on the case, I might have my own expert look at the car to see what could be determined forensically. Then I’d find out who the seller’s mechanic was, and whether he’d noticed anything. I’d also look into any prior attempts to sell the car. Maybe the seller sold because he replaced the deathmobile with a new car. I’d see if there was a trade-in attempt made, which might have involved a dealer inspection. If this happened in a state that requires periodic safety or emissions inspections, I’d look into those records.

Would any of this necessarily work? Nope. You might be amazed what a motivated investigator can turn up, though.

11

Again, this would be an extreme case. IMHO, it’s up to the buyer to verify the safety/quality of the car before hauling his family around in it.

12

Basically, you want a written agreement, signed by both parties, that makes the conditions of the sale clear.

So something like this would probably be sufficient:

This vehicle is sold “as is”, without any guarantee or warranty.

Seller acknowledges that there is a known problem with the engine, specific cause & full extent of problem unknown.

Buyer acknowledges that he is aware of said problem, and that said problem may require repairs, extent unknown, and that he still wishes to purchase the vehicle 'as is".

13

In PA, the amount of sale figures into the taxes that go with the title transfer. The form is a way for you to certify that there really is something wrong with the vehicle and you’re not cheating on the taxes. It’s fairly common for someone to just give a car to a relative. PA thinks you should pay taxes on the entire value of the car when you do, so people have gotten around this by selling the car for $1. Now PA won’t let you sell the car for anything less than fair market value unless you either pay taxes on the full value of the car, or you certify that it has enough things wrong with it to justify the lower price.