[s-cars] Out of town buyer

Bruce Mendel brucem105 at comcast.net
Mon Jul 29 08:58:07 PDT 2013 

That does not really do anything. It'll set off a million red flags at 
the bank, of course, and require a lot of time and hassle to open and 
close. Not to mention make you look guilty!

But once a wire is in, no one can reverse it or reach into your account 
and remove it. And if you defrauded a buyer, closing a bank account does 
not shield you from anything.

Bruce
On 7/29/2013 11:10 AM, tom at tomwintermedia.com wrote:
> Open an account at your local bank. Have him wire the money into the
> account.
>
> When the money is there, close the account and take the money.
>
> Do the paperwork for the sale as described here by many others.
>
> Have him pick up the car or have his shipper pick up the car. Provide the
> title, bill of sale etc at that time. Make sure you have a signed copy of
> the bill of sale from buyer prior to turning over title and vehicle to new
> owner.
>
> Good luck.
>
> Tom 2001.5 S4 avant
>
>
> On 7/29/13 8:43 AM, "s-car-list-request at audifans.com"
> <s-car-list-request at audifans.com> wrote:
>
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>> Today's Topics:
>>
>>     1. Re:  Out of town buyer - MA laws (Bruce Mendel)
>>     2. Re:  Out of town buyer - MA laws (Mike Sylvester)
>>     3. Re:  S-CAR-List Digest, Vol 117, Issue 26 (Raphael Avila)
>>     4. Re:  Out of town buyer - MA laws (Bruce Mendel)
>>     5. Re:  Out of town buyer - MA laws (Mike Sylvester)
>>
>>
>> ----------------------------------------------------------------------
>>
>> Message: 1
>> Date: Mon, 29 Jul 2013 10:03:13 -0400
>> From: Bruce Mendel <brucem105 at comcast.net>
>> To: s-car-list at audifans.com
>> Subject: Re: [s-cars] Out of town buyer - MA laws
>> Message-ID: <51F67621.4030309 at comcast.net>
>> Content-Type: text/plain; charset=ISO-8859-1; format=flowed
>>
>> 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
>>>
>>>
>>>
>>>    
>>> _______________________________________________
>>> S-CAR-List mailing list
>>> http://audifans.com/mailman/listinfo/s-car-list
>>> http://www.audifans.com/kb/List_information
>>>
>>
>>
>> ------------------------------
>>
>> Message: 2
>> Date: Mon, 29 Jul 2013 07:19:42 -0700
>> From: "Mike Sylvester" <mike at urq20v.com>
>> To: "Bruce Mendel" <brucem105 at comcast.net>, s-car-list at audifans.com
>> Subject: Re: [s-cars] Out of town buyer - MA laws
>> Message-ID:
>> <20130729071942.195365548da1c44eaf4974b0054c21d8.753ee59cbe.wbe at email14.secure
>> server.net>
>>
>> Content-Type: text/plain; charset="utf-8"
>>
>> 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
>>>>
>>>>
>>>>
>>>>    
>>>> _______________________________________________
>>>> S-CAR-List mailing list
>>>> http://audifans.com/mailman/listinfo/s-car-list
>>>> http://www.audifans.com/kb/List_information
>>>>
>>> _______________________________________________
>>> S-CAR-List mailing list
>>> http://audifans.com/mailman/listinfo/s-car-list
>>> http://www.audifans.com/kb/List_information
>>
>> ------------------------------
>>
>> Message: 3
>> Date: Mon, 29 Jul 2013 09:24:11 -0500
>> From: Raphael Avila <riff944 at gmail.com>
>> To: s-car-list at audifans.com
>> Subject: Re: [s-cars] S-CAR-List Digest, Vol 117, Issue 26
>> Message-ID:
>> <CAL5V5M8aH5TYLsPYqLkXetdJLidpdw-x=U7u4GadQhBUzKB5eA at mail.gmail.com>
>> Content-Type: text/plain; charset=UTF-8
>>
>> That is an awesome story!  Thanks for sharing Bruce!!!
>>
>>
>>> Message: 6
>>> Date: Mon, 29 Jul 2013 09:52:54 -0400
>>> From: Bruce Mendel <brucem105 at comcast.net>
>>> Cc: s-car-list at audifans.com
>>> Subject: Re: [s-cars] Out of town buyer.
>>> Message-ID: <51F673B6.9040706 at comcast.net>
>>> Content-Type: text/plain; charset=ISO-8859-1; format=flowed
>>>
>>> Wire system closes at 2PM EST, no?
>>>
>>> As a dealer, I'm required to get DL# to issue a temp tag. As far as it
>>> being useful, it's just one more point of data you can check. When you
>>> call buyer's insurance company or agent to verify insurance has been
>>> placed on the car (and that's a pretty sophisticated scam if they fake
>>> that one), you can verify that DL# is attached to that insurance policy
>>> which is attached to that buyer. Can't hurt to verify.
>>>
>>> As a general rule, holding title is a bad idea, so that's good advice.
>>> But it's really bad only if you are holding a blank title still in your
>>> name with the back not completed to buyer, meaning technically you still
>>> own the car. If you hold it only as security interest, and it has been
>>> completed in full in the buyer's name, and you give buyer a copy
>>> (stamped "COPY" in large letters on it), then you should not be liable
>>> any more than a bank as a lienholder is liable when holding a title
>>> filled out in your name. Of course if sale falls through you have to go
>>> get a duplicate title, but odds are very low that will happen if you did
>>> all your other checking.
>>>
>>> True story: Sold a cool old AMG Mercedes 560SEL on ebay like 8 years
>>> ago. Never heard from buyer, no payment, no nothing, ebay no help like
>>> usual. About three weeks later, on a cold December night, I get a call
>>> around 10PM. Hi, it's Mike, I won your 560SEL on ebay....can you come
>>> pick me up from the Philadelphia airport? I want to pick up the car.
>>>
>>> Uh, sure, I'll be right over. I call my mechanic and ask him to go over
>>> to shop just to make sure everything looks OK for test drive and stuff,
>>> although it should be.
>>>
>>> I go to Philly airport. Driving along arrivals lane, I see tall white
>>> haired guy, long ponytail hair, in t-shirt, jeans, and sandals. No
>>> luggage at all. Just a backpack, but it was weird, like usual big
>>> backpack straps but on his back attached to the straps was like a
>>> man-purse, looks like a backpack that got hit by a shrink ray. Keep in
>>> mind it was about 20 degrees out, at night, some snow on ground. Guy
>>> looks like he used to be hippie back in the day maybe.
>>>
>>> This is my guy of course.
>>>
>>> We drive back to mechanic's in relative silence, he does not really want
>>> to talk. Very weird.
>>>
>>> We get to shop, get out. He looks at car and says OK, looks fine, let me
>>> pay you. I ask him don't you want to drive it, look under hood, etc? No,
>>> he says, it's fine.
>>>
>>> We go into shop, he takes off 'backpack', takes out $10K bank check made
>>> out to me personally (this was before I was a dealer) and pays me. Looks
>>> legit, but what the hell did I know back then? I sign over title to him,
>>> give him copy, give him MS Word bill of sale that he signs, tell him I
>>> will send him original title after he gets back and check clears. The
>>> only thing I can not remember now is if he had his own plate, I left
>>> plate on car, or what. I think it had plate from previous owner to me
>>> and I left it on, but I am not sure. Too long ago.
>>>
>>> He gets in car, and asks me how to start heading west. I ask where he's
>>> going, and he says California. The car has summer half-bald performance
>>> tires on it, RWD with no traction control. I tell him how to head west,
>>> and ask him to at least call or email me when he gets back to let me
>>> know he made it, and I will send him title.
>>>
>>> I never hear from the guy again. Ever.
>>>
>>> About a month later, I get a letter in the mail from the San Bernadino
>>> sherrif dept. It says "Your car was used in the commission of a felony.
>>> It is being held at impound, and if you want to pick it up you need to
>>> bring proof of ownership and $628 plus blah blah blah."
>>>
>>> I call and ask what the felony was, but they won't tell me. I tell them
>>> I do not own the car any more, but they tell me someone has picked it up
>>> and paid the impound fee already. I ask how that is possible since they
>>> sent the letter to me as the owner, and no one can answer that. But it's
>>> gone, so who cares.
>>>
>>> A week later, I get a letter from Allstate. Your car sideswiped our
>>> insured's car and left the scene. You owe us $5300, plus any fees, blah
>>> blah blah. Now this one was much tougher. I had to prove to them I sold
>>> the car. Showed them bill of sale, bank deposit for $10K check, copy of
>>> completed back of title, etc. After a week of investigation, they let me
>>> off the hook.
>>>
>>> I think the only thing that saved me was that the title was signed over
>>> to his name. I then sent original title out to his address, did not want
>>> it in my possession any more!
>>>
>>> That's it, right?
>>>
>>> A few weeks later, I get a letter from San Fran sherrif's office. Your
>>> car was used in the commission of a felony. It is at the impound lot and
>>> and if you want it......
>>>
>>> I threw the letter out and never responded, and did not hear from anyone
>>> again.
>>>
>>> Until......
>>>
>>> About two years after that, I get a call from a guy that says his
>>> grandfather, Mike, owned an AMG 560SEL and he passed away. They wanted
>>> to know if I had any documentation, title, etc as they could not find
>>> anything in his papers. I finally ask about Mike, and all guy would tell
>>> me is that he was 'a free spirit and a pretty cool guy'.
>>>
>>> I give my condolences, and that was that.
>>>
>>> Bruce
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> On 7/29/2013 8:08 AM, Scott Justusson wrote:
>>>> Never, ever, ever, never ever hold a Title until a check clears.
>>>> Unless, you also hold the car until it does. You become liable for all
>>>> actions of the Buyer with that vehicle if you have not transferred
>>>> ownership of it. Most think 'I will let Buyer take the car but hold
>>>> the Title until his check clears'.  Sounds like you covered yourself,
>>>> but if the Buyer has the car, and it's a scam, do you really think he
>>>> needs the Title?  Assuming he didn't already take out the
>>>> Neuro-surgeons on the way to the chop shop.
>>>>
>>>> Easy Button says:  Sellers don't take checks because you assume more
>>>> risk than you should.
>>>>
>>>> SJ
>>>>
>>>>
>>>>
>>>> -----Original Message-----
>>>> From: Eric Sanborn <esanborn at gmail.com>
>>>> To: Bruce Mendel <brucem105 at comcast.net>
>>>> Cc: s-car-list <s-car-list at audifans.com>
>>>> Sent: Mon, Jul 29, 2013 6:54 am
>>>> Subject: Re: [s-cars] Out of town buyer.
>>>>
>>>> You can wait to mail the title until the check clears.
>>>> On Jul 29, 2013 12:27 AM, "Bruce Mendel" <brucem105 at comcast.net <mailto:
>>> brucem105 at comcast.net>> wrote:
>>>>
>>>
>>>
>>> ------------------------------
>>>
>>> _______________________________________________
>>> S-CAR-List mailing list
>>> S-CAR-List at audifans.com
>>> http://audifans.com/mailman/listinfo/s-car-list
>>>
>>>
>>> End of S-CAR-List Digest, Vol 117, Issue 26
>>> *******************************************
>>>
>>
>> ------------------------------
>>
>> Message: 4
>> Date: Mon, 29 Jul 2013 10:25:40 -0400
>> From: Bruce Mendel <brucem105 at comcast.net>
>> To: Mike Sylvester <mike at urq20v.com>
>> Cc: s-car-list at audifans.com
>> Subject: Re: [s-cars] Out of town buyer - MA laws
>> Message-ID: <51F67B64.2060501 at comcast.net>
>> Content-Type: text/plain; charset=UTF-8; format=flowed
>>
>> So for MA to MA sales, sounds like you haveprotection.
>>
>> But LOL at how they word it, it sounds like THEY are going to be
>> providing the refundif you do all that stuff
>>
>> If seller scammed you, it's a court battle, whether you follow all those
>> crazy steps or not. I guess if you do you'll automatically win?
>>
>> Crazy.
>>
>> Bruce
>> On 7/29/2013 10:19 AM, Mike Sylvester wrote:
>>> 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
>>>>>
>>>>>
>>>>>
>>>>>     
>>>>> _______________________________________________
>>>>> S-CAR-List mailing list
>>>>> http://audifans.com/mailman/listinfo/s-car-list
>>>>> http://www.audifans.com/kb/List_information
>>>>>
>>>> _______________________________________________
>>>> S-CAR-List mailing list
>>>> http://audifans.com/mailman/listinfo/s-car-list
>>>> http://www.audifans.com/kb/List_information
>>
>>
>> ------------------------------
>>
>> Message: 5
>> Date: Mon, 29 Jul 2013 07:43:33 -0700
>> From: "Mike Sylvester" <mike at urq20v.com>
>> To: "John Cunningham" <jc at j2c3.com>
>> Cc: "s-car-list at audifans.com" <s-car-list at audifans.com>
>> Subject: Re: [s-cars] Out of town buyer - MA laws
>> Message-ID:
>> <20130729074333.195365548da1c44eaf4974b0054c21d8.f2503b6ee7.wbe at email14.secure
>> server.net>
>>
>> Content-Type: text/plain; charset="utf-8"
>>
>> That may be true, but if we are going to go into it assuming that the
>> law will not be followed, then why even bother writing 'as is'?
>>
>> I too have never heard of anyone invoking the lemon law on a PP sale.
>>
>> Mike
>>
>>> -------- Original Message --------
>>> Subject: Re: [s-cars] Out of town buyer - MA laws
>>> From: John Cunningham <jc at j2c3.com>
>>> Date: Mon, July 29, 2013 10:35 am
>>> To: Mike Sylvester <mike at urq20v.com>
>>> Cc: Bruce Mendel <brucem105 at comcast.net>, "s-car-list at audifans.com"
>>> <s-car-list at audifans.com>
>>>
>>>
>>> Yeah.  As a Mass rez, all I can say is best of friggin luck w enforcing the
>>> PP sale part.  The used car dealers are all licensed and registered and so
>>> you can make their life a hassle if you start filing complaints with the
>>> agencies.
>>>
>>> But trying to get our fine Commonwealth to help you out on a "he said / she
>>> said" PP claim? Maybe works if you know Sully and Tommy downtown at the small
>>> claims court, but I don't know anybody who has ever been able to work that
>>> angle, despite everybody knowing the theoretical rules...
>>>
>>> Sent from a flat touchy device of some sort
>>>
>>> -------------------------
>>>
>>>
>>> On Jul 29, 2013, at 16:19, "Mike Sylvester" <mike at urq20v.com> wrote:
>>>
>>>> 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
>>>>>>
>>>>>>
>>>>>>
>>>>>>
>>>>>> _______________________________________________
>>>>>> S-CAR-List mailing list
>>>>>> http://audifans.com/mailman/listinfo/s-car-list
>>>>>> http://www.audifans.com/kb/List_information
>>>>> _______________________________________________
>>>>> S-CAR-List mailing list
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>>>>> http://www.audifans.com/kb/List_information
>>>> _______________________________________________
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>>>> http://audifans.com/mailman/listinfo/s-car-list
>>>> http://www.audifans.com/kb/List_information
>>
>> ------------------------------
>>
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>> S-CAR-List at audifans.com
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>>
>> End of S-CAR-List Digest, Vol 117, Issue 27
>> *******************************************
>>
>
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> http://www.audifans.com/kb/List_information
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