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  1. #1

    Default Selling Old Car That is in Poor Condition

    My question involves a consumer law issue in the State of: CA

    I am planning to sell an old car that still runs and works great in the local area (basically not recommended to take out in a freeway and highway etc). I been using the car for years runs fine locally does the job (going to the store, work, etc) nothing to go long distance since its kind of old and high chance it would break. My question is I know someone that might potentially buy it, but I want to play it smart. The car wouldn't have warranty it would be sold as is. I want to make everything clear here so how would I take this into matter (basically the day the car is sold its a done deal, if the car ends up breaking on them it would be on them and not something they can try to claim on me since the car was running when I was showing them and they can see for themselves)? Should it just be something you can verbally agree and would be good to go or is it something to write down and have both parties agree to the terms and sign it?

    Just to add been giving this person numerous rides for years now and as I mentioned the car works very good to ride locally they don't have a car so it would save them money in the long run since paying for a taxi gets expensive. The thing is I don't want to sell the car and it breaks and than they want some type of warranty on it etc.

    Also any other points would be appreciated (basically change ownership asap as well to them if the deal goes through) how to do the whole ownership change going to DMV or possibly can call the phone etc.

  2. #2

    Default Re: Selling Old Car

    Thanks for the fast response that is my only concern honestly I been driving that car for almost 5 years and its worked perfectly fine (ever since my brother gave me back ownership we been switching the car a lot). I course will discuss with them in a strong point that don't want to have relationship issues if the car sells I mean its to also help them out they are also on a taxi spending money on the cab. When you say make a bill of sale "as is" is something we both agree say we sign and send it to the DMV to basically get me out of any legal issues here?

    I just want a smooth transaction, but believe me I thought about this a lot if to sell to them or not don't want things to go south as you said.

  3. #3
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Selling Old Car

    The bill of sale doesn't go to the DMV. You make two copies, each with spaces for both your signatures. You both sign and each keeps one copy.

    You fill out the title with the buyer's name and information in the appropriate spaces.

    You make yourself a copy of both sides of the title.

    Check to see if your vehicle needs to be smogged before you sell it. If not exempt, get it smogged, get your certificate, make a copy for yourself before you give it to the buyer.

    Make sure you get the full amount of the price in cash (no checks, no payment plans).

    When the sale is completed, make sure you file your Notice of Transfer and Release of Liability immediately:

    https://www.dmv.ca.gov/portal/dmv/de...chures/reg/nrl

    Keep a copy of that, too. In fact, keep copies of everything in a permanent file.

    Beyond that, I agree 100% with Rock Knocker's comment:

    You probably know that since you are friends with the buyer, that if anything goes south with the car, you’re looking at being on the receiving end of a guilt trip. Always best to sell to a stranger or a known mechanical competent.

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Selling Old Car

    This might help you...

    About a year ago I bought a car for my daughter from a friend of mine. She told me absolutely everything that she knew of that was wrong with the car, but my goal was to give my daughter immediate independent transportation and I got the car at a bargain price. Quite frankly, if the car only worked for 6 months to a year that was good enough for me. It was good for 10 months before anything went wrong enough that it couldn't be driven and then it only cost about 400.00 to fix, and now we are at 14 plus months and still ok.

    The bottom line is that if everyone knows exactly what they are getting, and have the right expectations for what they are getting, and pay the right price for both what they are getting and their expectations, then generally its going to be ok.

  5. #5
    Join Date
    May 2014
    Posts
    211

    Default Re: Selling Old Car

    In many states, the title will have wording along the lines that the vehicle is sold "as is" - however the DMV keeps that and you don't have a copy. Most states also have laws that state unless a warranty is expressly implied, than items as sold "as is". Nonetheless, having an additional statement for your own, is a wise idea. Google "vehicle bill of sale" and pick one that meets your needs. Also when selling, copy his license as part of the deal. Also, the back of a car's registration often has instructions on the back to alert the DMV who you sold it to. You should do this as soon as you sell the car.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Selling Old Car That is in Poor Condition

    Note that if you sell the car to a private individual in California, it must be able to pass a smog test. Selling it "as is" won't get you around that requirement.

  7. #7

    Default Re: Selling Old Car That is in Poor Condition

    Thanks everyone for the wonderful replies. The car will need a smog check wanted to agree that I would knock down the price for them to pass the smog check or come to some type of agreement.

    I want to be totally honest tell them what is wrong with the car the minor hiccups. They know its worked since I have given them rides time to time. I been using the car for a while just to work and commute and its worked fine for years now.

    Once again thanks everyone for the input.

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