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

[Scott Justusson]

Disclosure is a funny thing.  I assume no disclosure representing either party in a sale.  MA law is vague to the point of being a non-issue IMO.  Disclosure happens at the sale pre-inspection, and lack of previous disclosure IME, only dictates price vs ad, nothing more.  I see/saw nothing in the MA verbiage that would cause me to change my way of doing Bill of Sale, nor how I sold/bought a car.  Anyone that thinks there is a difference, better have a really good attorney.

Remember we are speaking to Private Party sales here.  The MA law was structured for protection of Sellers v Dealers, not really Private Party.  You can say it feels better knowing you have this 'protection' spelled out in PP, but as I read the print, it means nothing.  And without spelling that "law" out in any other State, any Buyer could go to court and argue exactly what MA laws state, btst.  That burden of proof is always with the Buyer.  Me, I never pretend to know more than anyone in a car deal.  I make sure my attention to detail in any of them, is the same every time.  

The absolute worst thing any Private Party Seller or Buyer can do, is pretend to know more than he really does.  IME, the worst part of PP Selling, is only when there is a Lien.  That really sucks for the Buyer, because Bank Policies are not well suited to reducing Buyer risk.  In no-hold Title states with Lien, this can really be a twister.


Cheers

Scott J



 

 

 

-----Original Message-----
From: Bruce Mendel <brucem105 at comcast.net>
To: s-car-list <s-car-list at audifans.com>
Sent: Mon, Jul 29, 2013 9:12 am
Subject: Re: [s-cars] Out of town buyer - MA laws


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
>
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> -----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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>
>   
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