I need your opinion please.
08-03-2006, 04:23 PM
#11
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Join Date: Jan 2006
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Posts: 160
RE: I need your opinion please.
Yeah you are free and clear!!......It doesn't matter if he sold the car without the emmisions stuff. Nice try but all you have to say is that it was a trailer queen and was towed to the track during the last month you owned it and that's when you took the cats off...What's illegal about that???? How would you sell a street car that was turned into a oval track car then????? I'm not an expert but I don't think that they have every peice of emissions control on them. As the West Coast Chopper theme goes= No Financing, No Repair Work, No Refunds, CASH ONLY AND F#CK YOU
08-03-2006, 04:32 PM
#12
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RE: I need your opinion please.
ORIGINAL: jfor441
Doesn't matter if he sold without the emissions stuff. The fact of the matter is that you are not a used car dealer. The guy bought a used car and as such it his responsibilty to make sure that the vehicle passes emissions in the state in which he resides. If I were to go out and buy a car that had greater than 5% window tint( in Alabama the most you can have is 35%), and right after leaving the guys house I get a ticket for illegal tint, who is in the wrong? The former owner or the person who just bought the car.
Doesn't matter if he sold without the emissions stuff. The fact of the matter is that you are not a used car dealer. The guy bought a used car and as such it his responsibilty to make sure that the vehicle passes emissions in the state in which he resides. If I were to go out and buy a car that had greater than 5% window tint( in Alabama the most you can have is 35%), and right after leaving the guys house I get a ticket for illegal tint, who is in the wrong? The former owner or the person who just bought the car.
I understand what you guys are getting at, but all he has to do is raise the red flag on him for breaking the law. The guy gets his money back, and this person is now out of $10,000 for removal of Emissions Equipment...
That's worst case scenario though. In fact, a lot of people didn't know that Shops or junkyards CANNOT sell Used exhaust parts because of Emissions laws..
JT
08-03-2006, 04:35 PM
#13
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RE: I need your opinion please.
ORIGINAL: tron2003
Nice try but all you have to say is that it was a trailer queen and was towed to the track during the last month you owned it and that's when you took the cats off...
Nice try but all you have to say is that it was a trailer queen and was towed to the track during the last month you owned it and that's when you took the cats off...
Why would you REGISTER a trailer queen?? As soon as you register it for use on Public Roads, you are now subject to Public Laws, TO INCLUDE Emissions Laws...
I'm not saying he will do anything negative.. Just be prepared, that's all...
JT
08-03-2006, 04:43 PM
#14
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RE: I need your opinion please.
ORIGINAL: GodAmGT00
I understand what you guys are getting at, but all he has to do is raise the red flag on him for breaking the law. The guy gets his money back, and this person is now out of $10,000 for removal of Emissions Equipment...
JT
ORIGINAL: jfor441
Doesn't matter if he sold without the emissions stuff. The fact of the matter is that you are not a used car dealer. The guy bought a used car and as such it his responsibilty to make sure that the vehicle passes emissions in the state in which he resides. If I were to go out and buy a car that had greater than 5% window tint( in Alabama the most you can have is 35%), and right after leaving the guys house I get a ticket for illegal tint, who is in the wrong? The former owner or the person who just bought the car.
Doesn't matter if he sold without the emissions stuff. The fact of the matter is that you are not a used car dealer. The guy bought a used car and as such it his responsibilty to make sure that the vehicle passes emissions in the state in which he resides. If I were to go out and buy a car that had greater than 5% window tint( in Alabama the most you can have is 35%), and right after leaving the guys house I get a ticket for illegal tint, who is in the wrong? The former owner or the person who just bought the car.
JT
08-03-2006, 05:20 PM
#15
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Posts: 160
RE: I need your opinion please.
[/quote]
Wow...
Why would you REGISTER a trailer queen?? As soon as you register it for use on Public Roads, you are now subject to Public Laws, TO INCLUDE Emissions Laws...
I'm not saying he will do anything negative.. Just be prepared, that's all...
JT
[/quote]
I think you are missing the point here hotshot. Guess what JT the seller isn't responsible for how it would or if it would get registered by the buyer!! This is pretty simple, nobody's launching rockets here. It's also prolly a federal law that sawed off shotguns are illegal too but if you were to get busted with it and say the previous owner did this, it's not gonna fly.
Wow...
Why would you REGISTER a trailer queen?? As soon as you register it for use on Public Roads, you are now subject to Public Laws, TO INCLUDE Emissions Laws...
I'm not saying he will do anything negative.. Just be prepared, that's all...
JT
[/quote]
I think you are missing the point here hotshot. Guess what JT the seller isn't responsible for how it would or if it would get registered by the buyer!! This is pretty simple, nobody's launching rockets here. It's also prolly a federal law that sawed off shotguns are illegal too but if you were to get busted with it and say the previous owner did this, it's not gonna fly.
08-03-2006, 05:41 PM
#16
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RE: I need your opinion please.
ORIGINAL: 99mustang0
Are you kidding me? You actually think that all the guy has to do is tell the cops that the old owner drove it with an h-pipe and the cops are gonna go arrest him? You are outta your mind.
Are you kidding me? You actually think that all the guy has to do is tell the cops that the old owner drove it with an h-pipe and the cops are gonna go arrest him? You are outta your mind.
First off I never said the cops would arrest him, so I don't know where you got that from..
If the guy ends up having to shell out hundreds of dollars to fix the mid-pipe, he could realistically turn to several Legal Bodies to aid in his situation...
All he has to say is "I bought the car with the idea, premise that it was street legal.." In the bill of sale, did you mention that it had aftermarket performance parts?? I bet not. That makes a big difference...
That's all he's got to say.. He wins, you lose, end of story... Instead of not knowing the law, and making prejudicial comments, you may want to do some reading, maybe enjoy some Law classes..
It all depends on how far this guy wants to go...
JT
08-03-2006, 06:01 PM
#17
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RE: I need your opinion please.
The guy can buy 2 highflow cats for less than $120 & have them installed and pass emissions with absolutely no problem at all.
If the car is sold AS IS, he has no legal grounds to come after you for anything.
If the car is sold AS IS, he has no legal grounds to come after you for anything.
08-03-2006, 06:06 PM
#18
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RE: I need your opinion please.
Hmmmmm......Wasn't it sold "AS IS"..........so lets say I would buy a wrecked stang with blown airbags and smashed headlights and the bill of sale said vehicle is sold as is, technically according to JT I could go after the party that sold me the car and have them pay for new bags and headlights??? Since having headlights and the airbags would be Federal Law if it were to driven on the road again..........
You have got to be kidding me JT, Oh are you a lawyer something since you are running around telling people to take Law Classes?
You have got to be kidding me JT, Oh are you a lawyer something since you are running around telling people to take Law Classes?
08-03-2006, 06:11 PM
#19
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RE: I need your opinion please.
I realize every state is different, but in the State of Massachusetts, this quote comes DIRECTLY from Massachusetts legislation. I'm sure a lot of states have this similar law..
It may be a good idea to check w/ your state..
EDIT: The only other way that you can use "As Is," legally, is if you ALSO include the phrase "... As seen, No Implied Warranty."
Also, in the state of Rhode Island, the Registry Doesn't seem to like accepting Bills Of Sale that state "As Is," or "For Parts Only." There's not enough liability..
JT
"Used Vehicle Lemon Law for cars bought from a private party:
If you bought your car from a private party, not a dealer, less than thirty days ago, you are also covered by the used vehicle lemon law for private party sales. A private party is defined in the law as someone who sells less than four cars per year. This law applies to any vehicle sold by a private party no matter what the price. No person can sign away their rights under this law even by signing a contract to buy a vehicle as is.
This law requires private party sellers to inform purchasers of their vehicles of known use or safety defects. If, within 30 days of the sale, you discover a defect in the vehicle and can show it substantially impairs the use or that it impairs the safety of the vehicle, you are entitled to a refund on the vehicle provided you can prove that the prior owner knew about the defect prior to the sale. The seller is allowed to deduct 15 cents a mile from the refund for each mile you have driven the vehicle since you purchased it.
You should be aware that proving that the prior owner knew about a defect prior to a sale can be extremely difficult, especially if you do not request maintenance and repair records of the vehicle at the time of purchase. It is always a good idea to have a vehicle you are considering purchasing inspected by your mechanic prior to signing a contract to buy it."
If you bought your car from a private party, not a dealer, less than thirty days ago, you are also covered by the used vehicle lemon law for private party sales. A private party is defined in the law as someone who sells less than four cars per year. This law applies to any vehicle sold by a private party no matter what the price. No person can sign away their rights under this law even by signing a contract to buy a vehicle as is.
This law requires private party sellers to inform purchasers of their vehicles of known use or safety defects. If, within 30 days of the sale, you discover a defect in the vehicle and can show it substantially impairs the use or that it impairs the safety of the vehicle, you are entitled to a refund on the vehicle provided you can prove that the prior owner knew about the defect prior to the sale. The seller is allowed to deduct 15 cents a mile from the refund for each mile you have driven the vehicle since you purchased it.
You should be aware that proving that the prior owner knew about a defect prior to a sale can be extremely difficult, especially if you do not request maintenance and repair records of the vehicle at the time of purchase. It is always a good idea to have a vehicle you are considering purchasing inspected by your mechanic prior to signing a contract to buy it."
It may be a good idea to check w/ your state..
EDIT: The only other way that you can use "As Is," legally, is if you ALSO include the phrase "... As seen, No Implied Warranty."
Also, in the state of Rhode Island, the Registry Doesn't seem to like accepting Bills Of Sale that state "As Is," or "For Parts Only." There's not enough liability..
JT
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