Welcome to the North American Subaru Impreza Owners Club Saturday July 12, 2014
Home Forums WikiNASIOC Products Store Modifications Upgrade Garage
NASIOC
Here you can view your subscribed threads, work with private messages and edit your profile and preferences Home Registration is free! Visit the NASIOC Store NASIOC Rules Search Find other members Frequently Asked Questions Calendar Archive NASIOC Upgrade Garage Logout
Go Back   NASIOC > NASIOC General > General Community

Welcome to NASIOC - The world's largest online community for Subaru enthusiasts!
Welcome to the NASIOC.com Subaru forum.

You are currently viewing our forum as a guest, which gives you limited access to view most discussions and access our other features. By joining our community, free of charge, you will have access to post topics, communicate privately with other members (PM), respond to polls, upload content and access many other special features. Registration is free, fast and simple, so please join our community today!

If you have any problems with the registration process or your account login, please contact us.
* Registered users of the site do not see these ads.
Reply
 
Thread Tools Display Modes
Old 03-06-2013, 01:06 AM   #1
mjskidoo
Scooby Newbie
 
Member#: 339161
Join Date: Nov 2012
Default Need Help With Bill Of Sale

Im located in MA and selling my sti next Tuesday to a private party. I was wondering if there was a specific way I can write up the bill of sale so i do not need to warranty it. Nothing is wrong with the vehicle but i don't want the guy going beating the **** out of it so i have to fix it or take it back. any input would help!
Thanks,
Kevin
* Registered users of the site do not see these ads.
mjskidoo is offline   Reply With Quote
Old 03-06-2013, 02:35 AM   #2
Uncle Scotty
Scooby Guru
 
Member#: 16200
Join Date: Mar 2002
Vehicle:
OK Houston
we have an Uncle

Default

just write 'vehicle sold as is, no warranty expressed or implied' on the bill of sale with all your info and the buyers info and the price.....make and keep a coopy and ya done....get it notarized if ya skeerd
Uncle Scotty is offline   Reply With Quote
Old 03-06-2013, 02:53 AM   #3
its byron
Scooby Newbie
 
Member#: 345847
Join Date: Feb 2013
Chapter/Region: MWSOC
Location: Dayton
Vehicle:
2004 WRX STI
WRB- 20PSI on 93oct

Default

Quote:
Originally Posted by Uncle Scotty View Post
just write 'vehicle sold as is, no warranty expressed or implied' on the bill of sale with all your info and the buyers info and the price.....make and keep a coopy and ya done....get it notarized if ya skeerd
yeap dude is spot on. take photos of it too. maybe even make a video of it in the condition it was in prior to the sale showing that there was nothing wrong with it. Also it never hurts to get a 100 point inspection. paid for by the buyer of course. i did it for my STI. best 115 bucks i ever spent.
its byron is offline   Reply With Quote
Old 03-06-2013, 07:15 AM   #4
Jack
Add Lightness
Moderator
 
Member#: 13699
Join Date: Dec 2001
Chapter/Region: NESIC
Location: Hopkinton, MA
Vehicle:
2007 Lotus Elise
(From General)

Default

Quote:
Originally Posted by Uncle Scotty View Post
just write 'vehicle sold as is, no warranty expressed or implied' on the bill of sale with all your info and the buyers info and the price.....make and keep a coopy and ya done....get it notarized if ya skeerd
Quote:
Originally Posted by its byron View Post
yeap dude is spot on.
Clearly, you guys don't live in Massachusetts. If you did, I'd have to call both of you morons. Mass has one of the stongest Lemon law/warantee laws in the US. Our DMV (called RMV here) specifically says what the used car warantee is, what it covers, the time period, what to do if a car fails inspection and how to return a car that a seller refuses to take back. They also specifically say that the words "as is" mean absolutely nothing. Yes, this applies to private parties and yes it applies to used cars. There are no STis that are old enough to be exempt. There is a mileage exemption, so if you have a bazillion miles on it, you could be exempt.

If you want to protect yourself, get the car inspected tomorrow. A record of a passing test would help your case if he has to return it.

As an ease on your mind, I had someone want to return a car once. They decided that they could not afford it and so tried to say that all kinds of things were wrong. He did not fail inspection......so he had nothing to stand on.

This is all on the MassDot RMV site.
Jack is offline   Reply With Quote
Old 03-06-2013, 07:44 AM   #5
Uncle Scotty
Scooby Guru
 
Member#: 16200
Join Date: Mar 2002
Vehicle:
OK Houston
we have an Uncle

Default

Quote:
Originally Posted by Jack ffr1846 View Post
Clearly, you guys don't live in Massachusetts.

100% **** MASS

just **** that

thank the gods

/ rant
Uncle Scotty is offline   Reply With Quote
Old 03-06-2013, 07:49 AM   #6
mjskidoo
Scooby Newbie
 
Member#: 339161
Join Date: Nov 2012
Default

Quote:
Originally Posted by Jack ffr1846 View Post
Clearly, you guys don't live in Massachusetts. If you did, I'd have to call both of you morons. Mass has one of the stongest Lemon law/warantee laws in the US. Our DMV (called RMV here) specifically says what the used car warantee is, what it covers, the time period, what to do if a car fails inspection and how to return a car that a seller refuses to take back. They also specifically say that the words "as is" mean absolutely nothing. Yes, this applies to private parties and yes it applies to used cars. There are no STis that are old enough to be exempt. There is a mileage exemption, so if you have a bazillion miles on it, you could be exempt.

If you want to protect yourself, get the car inspected tomorrow. A record of a passing test would help your case if he has to return it.

As an ease on your mind, I had someone want to return a car once. They decided that they could not afford it and so tried to say that all kinds of things were wrong. He did not fail inspection......so he had nothing to stand on.

This is all on the MassDot RMV site.
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..
mjskidoo is offline   Reply With Quote
Old 03-06-2013, 07:53 AM   #7
WRB13WRX
Scooby Newbie
 
Member#: 341786
Join Date: Dec 2012
Chapter/Region: South East
Location: Birmingham, AL
Vehicle:
2013 WRX Ltd. Hatch
SWP

Default

i dont live in mass, but get it inspected, list all things that fail in the bill of sale and have him sign it?
WRB13WRX is offline   Reply With Quote
Old 03-06-2013, 08:06 AM   #8
vision.dynamix
Scooby Guru
 
Member#: 139955
Join Date: Feb 2007
Chapter/Region: NESIC
Location: Boston
Vehicle:
2015 Subaru STI
Black, like my soul.

Default

If a vehicle can't pass inspection you have to sell it "As is - For Parts" and then the buyer will have to jump through hoops to get it registered.

What's your email ill send you the BOS template I used when I sold my car with a blown motor.
vision.dynamix is offline   Reply With Quote
Old 03-06-2013, 08:35 AM   #9
SpamBot
Scooby Specialist
 
Member#: 287534
Join Date: Jul 2011
Default

Write your bill of sale for $699, and include "as is" in the wording. Get cash for the car.
SpamBot is offline   Reply With Quote
Old 03-06-2013, 08:36 AM   #10
vision.dynamix
Scooby Guru
 
Member#: 139955
Join Date: Feb 2007
Chapter/Region: NESIC
Location: Boston
Vehicle:
2015 Subaru STI
Black, like my soul.

Default

Quote:
Originally Posted by SpamBot View Post
Write your bill of sale for $699, and include "as is" in the wording. Get cash for the car.
$700 exemption only applies to dealers. "As is" means **** in mass.
vision.dynamix is offline   Reply With Quote
Old 03-06-2013, 08:57 AM   #11
silvercookie
NASIOC Supporter
 
Member#: 180033
Join Date: May 2008
Chapter/Region: Tri-State
Location: Queens, NY, 11385
Vehicle:
2005 WRX
PSM

Default

Quote:
Originally Posted by Jack ffr1846 View Post
Clearly, you guys don't live in Massachusetts. If you did, I'd have to call both of you morons.
Jack i think the word you are looking for is Mass-hole
silvercookie is offline   Reply With Quote
Old 03-06-2013, 11:28 AM   #12
Jack
Add Lightness
Moderator
 
Member#: 13699
Join Date: Dec 2001
Chapter/Region: NESIC
Location: Hopkinton, MA
Vehicle:
2007 Lotus Elise
(From General)

Default

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.
Jack is offline   Reply With Quote
Old 03-06-2013, 02:05 PM   #13
JohnM10
Scooby Newbie
 
Member#: 244231
Join Date: Apr 2010
Chapter/Region: NESIC
Location: Providence, RI, USA
Vehicle:
2006 Impreza 2.5i 5M
Crystal Grey Metallic

Default

Unless you know the buyer personnaly, I would not sell it until you can get a valid inspection sticker for it. It would just be too easy for someone to use it for a race car for a week and then claim that they want their money back because they just found out they will need to spend $xxxx.xx to pass inspection. Next thing you know is you have to buy back a car that has 1/4" less tread on the tires or worse, some rod knock.
I would also recommend taking it to a dealer and pay to have a full maintenance check to keep as a record.
JohnM10 is offline   Reply With Quote
Old 03-06-2013, 02:09 PM   #14
SpamBot
Scooby Specialist
 
Member#: 287534
Join Date: Jul 2011
Default

Quote:
Originally Posted by vision.dynamix View Post
$700 exemption only applies to dealers. "As is" means **** in mass.
But, if he demands his money back, all you have to give him is $699. It's on the BOS. The rest you got in cash.
SpamBot is offline   Reply With Quote
Old 03-06-2013, 02:24 PM   #15
JohnM10
Scooby Newbie
 
Member#: 244231
Join Date: Apr 2010
Chapter/Region: NESIC
Location: Providence, RI, USA
Vehicle:
2006 Impreza 2.5i 5M
Crystal Grey Metallic

Default

Quote:
Originally Posted by mjskidoo View Post
Im located in MA and selling my sti next Tuesday to a private party. I was wondering if there was a specific way I can write up the bill of sale so i do not need to warranty it. Nothing is wrong with the vehicle but i don't want the guy going beating the **** out of it so i have to fix it or take it back. any input would help!
Thanks,
Kevin
What year STI are you selling and are you replacing the car with a new car? You would be safer using it as a trade in at a dealer after returning it to fully stock condition.
JohnM10 is offline   Reply With Quote
Old 03-06-2013, 02:34 PM   #16
Cocoa Beach Bum
Scooby Specialist
 
Member#: 17355
Join Date: Apr 2002
Default

Solution is simple - don't sell to Mass. resident. Make buyer produce a driver's license from RI, CT, NH, etc. In Mass. you're always within 50 miles of a bordering state, unless you're on Cape Cod.
Cocoa Beach Bum is offline   Reply With Quote
Old 03-06-2013, 07:57 PM   #17
mjskidoo
Scooby Newbie
 
Member#: 339161
Join Date: Nov 2012
Default

cocoa so if i sell out of state the ma lemon law does not stay in affect?
mjskidoo is offline   Reply With Quote
Old 03-06-2013, 08:02 PM   #18
vision.dynamix
Scooby Guru
 
Member#: 139955
Join Date: Feb 2007
Chapter/Region: NESIC
Location: Boston
Vehicle:
2015 Subaru STI
Black, like my soul.

Default

False. If your car is titled in MA and you sell it out of state, MA lemon laws still apply
vision.dynamix is offline   Reply With Quote
Old 03-06-2013, 10:03 PM   #19
Uncle Scotty
Scooby Guru
 
Member#: 16200
Join Date: Mar 2002
Vehicle:
OK Houston
we have an Uncle

Default

burn the ****ing car and get the insurance money and forget selling it
Uncle Scotty is offline   Reply With Quote
Old 03-07-2013, 04:52 AM   #20
its byron
Scooby Newbie
 
Member#: 345847
Join Date: Feb 2013
Chapter/Region: MWSOC
Location: Dayton
Vehicle:
2004 WRX STI
WRB- 20PSI on 93oct

Default

mass sounds like it blows D
its byron is offline   Reply With Quote
Old 03-07-2013, 09:59 AM   #21
jim_newton
Scooby Newbie
 
Member#: 338099
Join Date: Nov 2012
Chapter/Region: MAIC
Location: Pittsburgh
Vehicle:
2013 WRX Limited 4dr
salt

Default

ridiculousness. nanny state BS.

I'd just drive the car into a river and kill myself. This thread makes me very angry

Whatever happened to "buyer beware"?
jim_newton is offline   Reply With Quote
Old 03-07-2013, 02:21 PM   #22
unamused LGT
Scooby Newbie
 
Member#: 250813
Join Date: Jun 2010
Chapter/Region: SCIC
Location: on the beach
Vehicle:
08 unamused LGT
Camarillo - ish

Default

Quote:
Originally Posted by its byron View Post
mass sounds like it blows D

Yah.....what a sucky state where you buy a car, if it falls apart on day one, you can actually do something about it. That's just stupid.

LGT
unamused LGT is offline   Reply With Quote
Old 03-07-2013, 02:50 PM   #23
greenplates
Scooby Specialist
 
Member#: 239162
Join Date: Feb 2010
Chapter/Region: NESIC
Default

I ______ am selling this vehicle _______ as is, to the party of ______.

VIN #

Sale Price value $_____ USD

Seller signature

Buyer signature


DATE OF SALE




youre welcome
greenplates is offline   Reply With Quote
Old 03-08-2013, 11:34 AM   #24
DHRDAN
Scooby Specialist
 
Member#: 204358
Join Date: Feb 2009
Chapter/Region: SCIC
Location: Santa Paula, CA.
Vehicle:
01 2.5RS W/ EJ257
Black

Default

Quote:
Originally Posted by vision.dynamix View Post
False. If your car is titled in MA and you sell it out of state, MA lemon laws still apply

Again, if you sell "as is" they could claim you put sugar in the tank, but if you "didn't know" it's still on them.


It has been like this since the dawn of time. Read the law, it says if the buyer can prove the seller knowing defrauded the them. good luck trying to prove that. The seller (in a private party) can just say, "i didn't know, he could have taken it to a mechanic, i wasn't aware of that." ... and done.
DHRDAN is offline   Reply With Quote
Old 03-08-2013, 11:36 AM   #25
vision.dynamix
Scooby Guru
 
Member#: 139955
Join Date: Feb 2007
Chapter/Region: NESIC
Location: Boston
Vehicle:
2015 Subaru STI
Black, like my soul.

Default

Read the law, it says the car must pass state inspection.
vision.dynamix is offline   Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -4. The time now is 09:07 PM.


Powered by vBulletin® Version 3.7.0
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
Powered by Searchlight © 2014 Axivo Inc.
Copyright ©1999 - 2014, North American Subaru Impreza Owners Club, Inc.