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Old 02-04-2006, 05:16 AM
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Doc here,

Regardless of what the state law dictates, Which is good if the vehicle was involved in a Felony, Your problems can and probably will extend to a Civil Court.

To prove your case, You must show a Civil Judge a Few things.
  • The Plaintiff or his agent Had a chance to Inspect the property and it's condition before the sale and removed the property after inspection.(Bill of sale and the required release of liability form will help)
  • There was no misrepresentation in either the Vehicle condition or the terms of sale. (may need the original ad)
  • That the Plaintiff had ample time to reverse the sale, or terms of the contract of sale, (verbal or written) up to 72 hours is not considered out of place.
  • That the plaintiff was aware that said vehicle was missing parts..(Provable if towed away..get a copy of the bill from the tow service)

If he does file a Civil suit , be sure to counter claim the suit..And Attach a Dollar amount equal to that which the state maximum will support. In Ca It's $5 grand..Check your state..And the Reason for said Counter suit?

Because you had to pull the second vehicle worth $11,000 off the market in case there was a award of judgment contrary to your suit, you would have that vehicle to appease the plaintiff and the judgment ..

Some guy's will go around suing on deals just like this and usually make out like the bandits they are..If he realizes he has a major financial hit if the suit goes against him, He probably will be scared having a big dog in your front yard..

In Future, WHENEVER you sell a Vehicle, (I know you have a computer, and probably a printer) Go to the word processor, and type up a "Bill and Terms of Sale"

Within that instrument,State EXACTLY the terms of sale, Terms of sale, Vehicle Condition is "As Is Where is" And in all fairness, (and you don't have to do this at all, but if you ever have to go to court, it looks real good for you) Add a Clause for 72 hour buyer's remorse..(but add a fair fee to reverse the deal.)

Show on this instrument , The buyers name address, Valid Driver's number, phone number, THE DATE of purchase, (Very Important) The Vehicle Tag number, Vin, Year, Make and Model, Then the terms of sale.

The first sentence of that document should read, "I/We___________(Buyers name) As of this date_________(the date, and don't cut a deal on this to avoid registration penalities..THE EXACT DATE ) Local Time:________ (time is important in case he has an accident on the way home) Have Purchased the following Vehicle: (insert all the Vehicle parameters) And from this date forth assume All responsibility for said vehicle, holding the seller: ____________(Your name) Harmless from Liability from this date forward. Then the Terms of Sale: Vehicle Condition : "As Is , Where Is " No warranty is Implied Nor any Given" and any claim of misrepresentation be presented to the Seller within 72 hours. Time is of the essence.

Then have Both parties sign, (be sure you print out two copies, AND both sign both copies) Give the buyer one, save one for your files.

In addition to that, Get 2 release of liability forms, and fill out all the information on both copies, Give him one and Copy yours and send the Signed copy to The DMV..This relieves you of liability if the thing falls off the tow truck and wipes out a row of cars and a building..

After the Title is signed, and dated, Copy it..If you don't have a scanner, use a FAX machine..or if need be go to the local stop and rob and copy it. This copy will stay in your files.

This way you have CYA ...In any case that might come up..

In point, My youngest son was arrested at our home, for a Major hit and run with injuries , A felony warrant..

BECAUSE the Crud bunny Donation people Who ran drug rehab houses, didn't bother to re~Register the Day~um Thing.

Consequently, Some Druggie, on a binge..took the car from the yard and had a rolling party, until he hit another car head on..

when the CHP ran the plate it came back as My Son as the L.O. and R.O. He was arrested, Charged with Several Felony's and spent the weekend in the graybar hotel until we could get to arraignment on Monday.

BE advised: if your on the reg, and this happens, Your IT , until a judge Say's different..The PD is not going to bargain with you, they have an order to arrest and detain you by the very same judge..

Well, That's my long advise, Take it or not..

But be advised..It's a litigious world out there..

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