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Old 03-06-2013, 11:28 AM   #12
Jack
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Member#: 13699
Join Date: Dec 2001
Chapter/Region: NESIC
Location: Hopkinton, MA
Vehicle:
2007 Lotus Elise
(From General)

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Quote:
Originally Posted by mjskidoo View Post
I know its not gonna pass inspection because of the illegal tint on the windows also no cats and extremely loud exhaust so he could use that as an excuse if within the 30 days he does not wanna keep it anymore, just say it didnt pass inspection..
You take your chances or you make it 100% legal before the sale. Those are your choices. You can't say "as is" because it's meaningless and if you say "for parts", then the buyer will have to have it brought in under the salvage vehicle title system. If you're worried, take off the tint, put a stock exhaust on it and make it 100% pass inspection legitimately. Look into the Lemon Law in Mass. You do get something even if he returns it. He does not get free mileage, for example. He has to pay you per mile.

Also as a STRONG warning: Do NOT sell the car to anyone under 18. They do not have the legal capability to enter into a legal contract. If you do, they could literally put the thing into a demolition derby, then remove the drivetrain, then use a forklift to drop the scrapmetal in your yard and demand 100% of their money back and you would have no recourse but to refund all of the money they paid. Oh....and this is valid in the entire US.

Quote:
Private Party Sales:

The Used Vehicle Warranty Law applies differently to a vehicle purchased from a private party than it does if purchased from a dealer. Under the law, a dealer is anyone who sells four or more vehicles in a 12 month period.

The Used Vehicle Warranty Law requires private party sellers to inform buyers about any and all known defects which impair the safety or substantially impair the use of the vehicle. The law applies to all private party sales regardless of sales price or mileage. If you discover a defect that impairs the vehicle's safety or substantially impairs the use, and can prove that the seller knew about the defect but failed to disclose it, you may cancel the sale within thirty days of purchase. The seller must refund the amount you paid for the vehicle, less 15 cents per mile of use.

Private parties are also bound by the Lemon Aid Law.
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