Big Island Forum
Big Island Forum => Community Blog -- Click "New Topic" to post your thoughts. => Topic started by: Kerry on March 20, 2015, 06:58:27 AM
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Tips about buying vehicle from a private owner:
The most frequent law suit in People's Court is when a vehicle breaks down shortly after leaving the seller's driveway. Sometimes the repair costs are more than the Bluebook value of the car.
Most buyers contact the seller who denies any financial responsibility; one feels gypped and so they sue the seller. The first question the judge asks, "Did you have a mechanic check it out before you paid for it?" 99% of the time the answer is no, in which case the buyer is out of luck because the default contract for all such sales is "As is" —even if the words "As is" were not spoken or written. "As is" meaning no warranty, no returns, no refunds. Once money, keys, and the signed title exchange hands you, the buyer, are liable for all repairs.
The exceptions are: 1) If the owner claimed something such as "rebuilt engine" or "new brakes" and it's later proved to be not true. 2) You can't register it because the title is not clear. BTW: "Runs great/excellent condition" whether verbal or even claimed in the ad is not considered a lie.
Understandably, most buyers are in a hurry or had to tap into their piggy-bank just to come up with the payment and so they cannot afford to hire a mechanic to inspect the car.
This tip precludes such a disappointment:
On the bill of sale write, "Sale final pending a satisfactory inspection by a certified mechanic, to be conducted within seven days" or any such words. If the safety sticker is about to expire then add, ". . . and passes the state's Safety Inspection." If during the sale words such as "Title problems" are mentioned, then add, ". . . satisfactory title registration."
In other words, you will be entitled to a full refund if the vehicle fails either inspection or registration.
Now, after the sale you might not want to take it to a mechanic and shell out $150.00 for an inspection but with these additions to the bill of sale (the sales receipt) you are covered if the car breaks down within a week and you have to take it in for repairs. Have the mechanic write down what was wrong, (especially what the prior mechanic did wrong), his/her opinion, and the cost.
Another option is have the seller write on the receipt: "Seller agrees to pay for all mechanical repairs and labor required within one week or within 30 days."
To be added:
A free sample sales receipt for a vehicle that you can print out and take with you when buying a used car from a private owner. If you forget where you read this stuff, Google "Big Island Forum"
Suggestions or corrections welcome.