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Questions About Private Sale Transactions

I have a question about my car and hope you might be able to help me. I'm going to sell my car very soon. My concern is the airbag system is not working and i don't have time to fix it but the seat restraints work fine. I'm just worried if the person i sold the car too might get into an accident and then maybe i could be liable because it wasn't working. I will be selling the car As-Is but not quite sure if that will be keep me from liability should anything happen after purchase of car. Could you tell me if there could be any problem and what can i do to protect myself from a lawsuit or who to contact about this matter. Thankyou.
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Comments

  • akirbyakirby Posts: 7,622
    Simple - either write on the receipt clearly that the airbag system isn't working and have the buyer sign it or have them sign a separate form acknowledging that the airbag isn't working. I would also attach a sign to the steering wheel saying the airbag isn't working and take a picture of it. As long as you can prove they were notified that it wasn't working at the time of purchase you should be covered.

    (disclaimer - I'm not a lawyer but I do watch Judge Judy twice a day)
  • tayl0rdtayl0rd Posts: 1,938
    How do you know the airbag isn't working? The dash light? If that's the case, the buyer can see the light just as well as you can. I'm sure he/she saw it on the test drive. If he/she still decided to buy it knowing the airbag wasn't working, then it's on him/her.
  • mschmalmschmal Posts: 1,757
    Akirby, where is your license to practice law?

    You just gave legal advice and only assume it to be true.

    Hope you don't get fined.

    Mark.
  • akirbyakirby Posts: 7,622
    Didn't you read my disclaimer?
  • Yeah is was going to have them sign an agreement acknowledging that the airbag system is not working properly. Do you know what lawyer i should discuss this with just to make sure it will cover me? I will be selling car As-Is in the advertisement. Thanks.
  • I believe that any car sold must have a proper working air-bag. The dealership I work at we were in the same situation with an aftermarket steering wheel... The car cannot be sold without one. I'm not totally sure if that is just a law for dealerships to abide by, but I think that it would apply to everyone--despite a disclaimer. Hope that helps a little. Good luck!
  • Thanks. I guess I am nervous about how to sell a car privately. How do you coordinate payment, and I would need to buy a new car, before I could let go of the one I drive. I know it sounds dumb, but how does all of this work?

    Thanks!
  • jipsterjipster Posts: 5,345
    Usually I'll ask for a certified check(or cash) from the buyer and then sign over the title and buyer/seller purchasers form if notarized. Or, make it simple and meet the buyer at the County Clerks office to transfer title. Make sure you receive payment in full before signing over your title though.

    I would be ready with an attractive ad to the local newspaper and Bargain Mart the day you buy your new car. On a nice Prism such as yours, it should sell within a couple weeks if priced accordingly. I believe most insurers will extend coverage for a month on your old car at no charge, after buying and putting coverage on your new car. Good luck!
  • cccompsoncccompson Posts: 2,388
    Not to be flip but you simply coordinate things as best you can. My son recently went through this. Because of schedules, he ended up selling his old car on Wednesday and was without wheels until he picked up the replacement on Saturday.

    As I understand your situation, you need to sell before you buy. Given your Prism ownership, you could make a deal on a new ride, put your Prism in the local paper or on craigslist, and then get the new one. Price your car aggressively and it will sell quickly. Don't and might sit on it.

    My son used craigslist and sold his car in a bit over 2 hours. Granted, it was a popular model for cheap but, still, I was astonished at the results the ad produced.

    There is LOTS of fake checks floating around and I would not now accept one from a buyer unless the deal was concluded at the issuing bank where I could verify it immediately.
  • Hello, I am very much lost and can't decide on which Intro. Luxury car I want to purchase. However, I do know what I am looking for and below is my list:

    1) GPS
    2) Mobile Link
    3) Entertainment system to watch DVD
    4) Audio unit should be able to play MP3s
    5) Premium sound

    Once I get few names of cars then I can narrow down based on ranking, performance, TCO, etc. However, the above list is the something which I require if I am getting into Luxury car. My budget is about 25 - 35 k and I would prefer to shop for a 2006 model rather than 2007. I live in the Dallas area.

    Any advise would be appreciated.
  • Hi rdhing,
    This probably isn't the best discussion for you to post in to get feedback. Try starting in our Entry-level Luxury Performance Sedans discussion first.

    Need help navigating? kirstie_h@edmunds.com - or send a private message by clicking on my name.

  • Hi - I know this message comes late but I hope not too late for someone else to learn my lesson!

    I advertised my old car for sale, not realizing it would sell as quickly as it did. I ended up having to rent a car for a month and a half while my new car (a 5-speed CRV) was on order. If I had not had specific tastes in my new car I probably would have been in a better situation. I figured that the $500 a month it cost me to rent the car was about what I would have been paying during that time as car payments anyway.

    When I sold the old car, I had the people who came to look at it meet me at my workplace to test drive it, and all the paperwork for the sale was done there, so that I felt comfortable that I wouldn't be alone with them (I'm a woman) or in any kind of danger. I ended up having to deliver the car to them and having them drive me home, but by that time I was comfortable that the guy wasn't an axe murderer and had met their family and had check in hand!
  • jipsterjipster Posts: 5,345
    Agreed... those axe murderers can be a pain in the neck. :sick:
  • oldfarmer50oldfarmer50 Posts: 6,020
    ...those axe murderers can be a pain in the neck...

    I hear they are real grinders.

    Speaking of grinders. When I sold my old Toyoda pickup it was such a POS that I just wanted to be rid of it. I asked $200 (the tires were worth more than that). A guy comes, looks it over real good, then says..."will you take $175?"

    Another time I sold a car to a young kid who wanted me to leave my inspection and registration stickers AND my license plates on the car until he had enough money to get his own.

    2009 PT Cruiser, 2008 Eclipse, 1995 Mark VIII, 1988 GMC Van

  • bunchitobunchito Posts: 2
    Hello, My 80 year old mother needs to sell her beautiful 97 Chysler LHS. It has only 82K miles is loaded, has good car fax report I have seen some on-line ads for Big Lots, Auto hopper, cars.com etc. I don't know even these sites are trustworthy. Big lots called me after they saw my ad in the paper and they keep sending me paperwork to sell my car with them. My mom needs to sell her car and gets the most money and can't afford to get ripped off. Her car is in beautiful shape, has sun/moon roof lovely leather upholstery and wood grain interior etc. It's a very luxurious car and the gas mileage is pretty decent but I have not had good success with newspaper ads. Does anyone know how I might find folks who are looking for this type of car? Btw I live in NY (upstate /catskills area
    Thank you and many blessings,
  • tidestertidester Posts: 10,110
    While you're waiting for a reply here you should read this: How to sell your car.

    tidester, host
    SUVs and Smart Shopper
  • newdavidqnewdavidq Posts: 146
    I think one way is to post on an Edmunds forum about private party car sales and include all the details you would normally put in an ad and hope that some folks who are interested in selling their own car are also looking for a car like your 80 year old moms.
    Blessings to you as well.
  • Kirstie@EdmundsKirstie@Edmunds Posts: 10,676
    You can check out craigslist.org as well - I've had some success selling household items there.

    Another step is to see if you've priced it right for the market. You can visit our Real World Trade-In Values discussion, paying attention to the info requested. You'll see that right above the "post a message" box, in red lettering.

    Need help navigating? kirstie_h@edmunds.com - or send a private message by clicking on my name.

  • bretsky1bretsky1 Posts: 3
    looking for a used camry, and just wondered if anyone has any tips on used dealers to recommend or avoid.
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