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Author
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Topic: Selling car AS-IS has anybody had any problems even though it says legally you can't?
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Venomized93
Founding Member
Member # 55
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posted
 
 
Selling car AS-IS has anybody had any problems even though it says legally you can't? I'm having troubles passing smog and buyer is willing to buy AS-IS for discount.
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2018 Tesla Model 3 Performance
Posts: 2077 | From: San Francisco, California | Registered: Oct 2000
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stanger50
20yr club
Member # 1665
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posted
make sure its listed as is on the bill of sell. send in the release of liability asap after transaction. make copies of both documents for yourself. you should have no issues with that. worked fine for me.
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1998 Cobra SVT convertible
Bright Atlantic Blue (1 of 247)
20 year club.
Posts: 1318 | Registered: Aug 2002
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phonso302
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Member # 9260
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posted
type up a small contract stating the problems the car has and that the buyer understands he/she is buying the car as is with no warranty or guarantee and understands the problem the car has and cant hold you liable for problems that can come up with the car...go see a notary and get it notarized
Posts: 1820 | From: PINOLE | Registered: Jun 2009
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Yaterstang
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Member # 7659
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posted
You are responsible for smog under any circumstance.
Posts: 2968 | From: Natomas | Registered: May 2007
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SydeWaySix
CAFords OG
Member # 3596
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posted
I always sell cars as-is...I also always type up my own bill of sale with whatever info I feel is imprtant, ie: selling as-is. There shouldn't be any issues if they agree and sign the contract.
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2013 Boss 302 #356. Performance White. Stock.
1965 Fastback GT Restored to stock spec.
Posts: 9882 | From: Bay Area | Registered: Dec 2002
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5.t0es
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Member # 5864
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posted
quote:
Originally posted by Yaterstang:
You are responsible for smog under any circumstance.
thanks, im reading this other garbage and im like wtf.
smog is a law
Posts: 2990 | From: eb | Registered: Jul 2005
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Blind
2.3L
CAFords OG
Member # 3052
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posted
bill of sale must state the car is sold for parts if the car can't smog, otherwise they can come back at you legally.
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89 LX Notchback ex 4cyl, 14psi
02 Harley F150, 15psi
Posts: 8521 | From: Fairfield | Registered: Jul 2003
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BIGBALLFACTOR
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Member # 7277
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posted
quote:
Originally posted by Blind:
bill of sale must state the car is sold for parts if the car can't smog, otherwise they can come back at you legally.
an if do sell for parts you have to get a junk title for it
Posts: 6908 | From: okc | Registered: Dec 2006
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iceman302
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Member # 7180
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posted
quote:
Originally posted by Yaterstang:
You are responsible for smog under any circumstance.
Absolutely correct.
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'65 Mustang Fastback
Posts: 4171 | From: Rancho Murieta | Registered: Oct 2006
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adower
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Member # 5955
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posted
quote:
Originally posted by Venomized93:
Selling car AS-IS has anybody had any problems even though it says legally you can't? I'm having troubles passing smog and buyer is willing to buy AS-IS for discount.
It is the sellers responsibility to smog no matter what.
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98 Cobra
Griggs
S Trim
HRE
Posts: 3327 | Registered: Aug 2005
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General Butt Naked
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Member # 4831
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posted
I was thinking of doing the same with a car recently.
I found this...
"I am in California. If you put non op status on a car, how can you legally move it as it cannot be driven or put on street? Towing I suppose...
I too was told by DMV if you have a signed statement from buyer agreeing that car needs work, they are aware no smog has been done and it probably won't pass, that is a legally binding document"
there's more to this quote on
http://forum.freeadvice.com/lemon-law-23/how-sell-without-smog-certificate-legally-223239.html
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"le bout est nu"
Posts: 328 | From: Zumunda | Registered: Sep 2004
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Wildfire532FB
CAFords OG
Member # 1482
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posted
As a buyer of AS-IS cars i've never had a problem. I bought my GT with no smog, i just had to smog it before registering it.
The Explorer i almost bought AS-IS cause the seller had no idea you were supposed to smog the car before selling it until i asked him. He smogged it the next day even though i told him he didn't have to. The DMV never said anything about the AS-IS seller agreement i had. I just gave it to them when i bought it.
[ February 11, 2010, 09:28 PM: Message edited by: WildFire532FB ]
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68 Fastback
84 CJ7
94 HMMWV
95 GT
03 F350
17 Fusion Hybrid
Posts: 17578 | From: 530 | Registered: Jun 2002
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stangin'
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Member # 514
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posted
it is the seller's responsibility to smog a car. now, a lot of folks do sell and buy cars "AS-IS" and 95% of them haven't had any problems whatsoever. there will only be a problem if the buyer, for whatever reason, wants to annul the deal sale. this is where you can get a big headache.
now, if the car is non-op, i think you can sell it w/o smogging it. i'm not 100% on this though.
Posts: 2993 | From: Bay Area | Registered: Oct 2001
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bigjerry
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Member # 6033
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posted
Do y'all smog rolling chassis ? Lol
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89 GT vert in progress ....
Posts: 433 | From: Sacramento | Registered: Sep 2005
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Gnari-Garage
CAFords OG
Member # 3164
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posted
privatly they can't do much just have them sign on the bill of sale for buyer agrees to smog. I have never had any problems
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2017 McLaren 570GT
2019 Audi S5
2017 Tundra 7" Lift, 37" Tires
Posts: 4017 | From: 916-sacramento | Registered: Aug 2003
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maeco
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Member # 2578
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posted
Since buyer is cool with it just write a bill of sale as a non running parts car that way if it comes back to you you got it down there as for parts only.
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Looking for clean white mustang email me
Posts: 2408 | From: bay area | Registered: Mar 2003
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ice
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Member # 9737
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posted
Damn its crazy pick n pull sells cars with no smog and are salvaged? OK here is the key, "m selling this car for parts only" I will stop out of respect for marro and fox. I will not say anything else its common sense ya got it or ya dont.
[ February 12, 2010, 03:54 AM: Message edited by: ice ]
Posts: 60 | From: cummings sisters | Registered: Jan 2010
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68bullitt390
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Member # 9707
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posted
I've actually been to court TWICE for tjhis exact case, and learned a hard lesson BOTH times. The fact of the matter is you state in a hand written bill of sale this phrase: "for parts or off road use only." These are the only two things you can legally state. And no it wont have a junk title because the guy is obviously not showing that to dmv. He's showing them the signed title, duh...
This does have to be witnessed and signed, and the buyer has to state that he has read and understands the above statment. If the car is being shipped out of state, then dont worry about it.
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Morte_prima_dishonre
Posts: 90 | From: Santa Cruz | Registered: Jan 2010
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68bullitt390
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Member # 9707
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posted
Also, i'd like to warn you that as-is really means absolutley nothing. Really because my as/is where/is know it all been thru it all bill of sale got thrown out of court in two seconds, when the judge claimed i "MUST" have known about the problems! Wow im getting mad typing this. Any known problems HAVE to be disclosed to the new buyer of the car and stated on record. Just be careful and be up front with the buyer, which is a good idea regardless...
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Morte_prima_dishonre
Posts: 90 | From: Santa Cruz | Registered: Jan 2010
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Yaterstang
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Member # 7659
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posted
If your going to trust some doucherag buyer that they wont take you to court if they cant smog the vehicle then SELLER BEWARE!
Posts: 2968 | From: Natomas | Registered: May 2007
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