[s-cars] Out of town buyer - MA laws

[Mike Sylvester]

http://www.mass.gov/ocabr/consumer/autos/buy-sell/lemon-aid-law.html

Mike

> -------- Original Message --------
> Subject: Re: [s-cars] Out of town buyer - MA laws
> From: Bruce Mendel <brucem105 at comcast.net>
> Date: Mon, July 29, 2013 10:03 am
> To: s-car-list at audifans.com
> 
> 
> And remember that 'as-is' means, in a legal sense, 'as-disclosed' or 
> 'as-listed'.
> 
> So if you write up a glowing description of a POS car, you can not 
> protect yourself by writing as-is on the bill of sale. That's still 
> fraud. The car has to materiallymatch your disclosure.
> 
> If you do NOT write anything up except year/make/model/miles, then as 
> long as that stuff matches, youare OK with as-is.
> 
> Doesn't mean somsone can't sue you, as this is America, but you'll 
> likely prevail as private seller.
> 
> Bruce
> On 7/29/2013 9:27 AM, Scott Justusson wrote:
> > Not really true...  My BoS (pl) go along this line...  "... Sold "As Is" with no further warranty by the Seller or further obligations to/by either party.
> >
> > Be careful what you say here, it absolutely is 'meaningful' in every state...  EVERY Private Party BoS should contain the 'As Is' phrase, because private party sales (non professional) get a huge leeway in the Courts to Spirit and Intent.   Meaningful or not, *excluding* that phrase in a BoS is the biggest mistake made by Sellers.  Put it in every time without exception.  The guidelines for Private Pary sale in MA are clear, private parties are not subject to the same 'Lemon Laws' that dealers are.  MA laws only protect the Buyer from the Seller withholding 'known problems' that affect the safety or *substantially* impairs it's use at the time of the Sale (directly from a MA deal file).  The burden of proof is the Buyers.  If the Buyer fails to provide that burden of proof, he pays the attorney fees of the Seller as well.
> >
> > IME, MA Laws to Private Party don't change the Bill of Sale.  The Seller can and should disclose all major defects that affect the negotiated price in that Bill of Sale, then put the As Is clause in.
> >
> > My .02
> >
> > Scott J
> >
> >
> >
> >
> >
> >
> >   
> >
> >   
> >
> > -----Original Message-----
> > From: Mike Sylvester <mike at urq20v.com>
> > To: Scott Justusson <qshipq at aol.com>
> > Cc: s-car list <s-car-list at audifans.com>
> > Sent: Mon, Jul 29, 2013 8:01 am
> > Subject: RE: [s-cars] Out of town buyer.
> >
> >
> > FYI
> >
> > 'as is' is not meaningful in all states.  e.g. MA does not allow 'as is'
> > auto sales.
> >
> > Mike
> >
> >
> >
> >   
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