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Hot Rods Selling A Home Built Hot Rod - What's My Liability?

Discussion in 'The Hokey Ass Message Board' started by lakeroadster, Feb 22, 2018.

  1. lakeroadster
    Joined: Nov 6, 2008
    Posts: 604

    lakeroadster
    Member
    from *

    We want to sell our Model T Roadster Pickup but we are curious what the liability issues are?

    Since I built the car myself (fabricated the frame, rear suspension, body mod's, newer drive train, etc.) what is my liability if the new owner has some issue with the car or wrecks the car and gets injured?

    27FordRoadsterPickupJune2007.jpg 100_1470.jpg 000_0031.jpg 000_0032.jpg
     
  2. alchemy
    Joined: Sep 27, 2002
    Posts: 20,504

    alchemy
    Member

    You are selling a used car "as is", right? You might want to check your local DOT website, maybe they have the rules/laws about selling used cars in your state.
     
  3. oldolds
    Joined: Oct 18, 2010
    Posts: 3,407

    oldolds
    Member

    When the federal government made used car dealers put this as-is stickers in the window of used cars they added some language to the law. All private car sales are as-is. No matter what is verbally stated between the parties involved. Don't write anything down. That being said. You can sue anyone for just about anything.
     
  4. Jalopy Joker
    Joined: Sep 3, 2006
    Posts: 31,229

    Jalopy Joker
    Member

    always sold/bought rides - as is, no warranty, no guarantees - buyer beware - buy with eyes wide open - have bought a ride or two with stars in my eyes and learned the hard way that I should have inspected stuff better - different if Seller misrepresents the condition as being a certain level of quality and it is not - guess that in certain situations and a buyer is injured, etc a possible law suit could come up
     
    loudbang and mike bowling like this.

  5. Happydaze
    Joined: Aug 21, 2009
    Posts: 1,931

    Happydaze
    ALLIANCE MEMBER

    Neat truck, save for the grill that has done something bad to my eyes! Could be permanent. What address should my lawyers serve the papers?

    Chris
     
    dan31, Deucedreamer, The37Kid and 8 others like this.
  6. southcross2631
    Joined: Jan 20, 2013
    Posts: 4,413

    southcross2631
    Member

    I have never had an issue with selling a fabricated frame car. I sell it as is where is and type up a simple form that they accept the car as is I sign it they sign it and we are good to go.
    Nice ride by the way ,it looks really well built.
     
    indyjps and lakeroadster like this.
  7. RICK R 44
    Joined: Dec 13, 2009
    Posts: 474

    RICK R 44
    Member

    A question for your lawyer.
     
    H380 likes this.
  8. steves29
    Joined: Jan 19, 2010
    Posts: 194

    steves29
    Member

    I love it. Could have maybe painted it and 32 shell for the value of that grill. But to each their own. NICE.
     
    Malcolm and lakeroadster like this.
  9. tubman
    Joined: May 16, 2007
    Posts: 6,951

    tubman
    ALLIANCE MEMBER

    You forgot to mention the Greyhound.
     
  10. trollst
    Joined: Jan 27, 2012
    Posts: 2,108

    trollst
    Member

    Got no faith in your own work? If it's titled right, inspected and licensed properly, then it's a used car like every other used car, just don't sell it to a nimrod you get a bad feeling about.
     
  11. tubman
    Joined: May 16, 2007
    Posts: 6,951

    tubman
    ALLIANCE MEMBER

    This, right here! I see some woman is suing McDonald's again for serving hot coffee. I have found from bitter experience that the court system can make big mistakes when dealing with subjects they don't understand.
     
    46international likes this.
  12. lakeroadster
    Joined: Nov 6, 2008
    Posts: 604

    lakeroadster
    Member
    from *

    Had a young kid ask me if my car was a "Jaguar".... took me a few minutes to understand why.
     
    Ron Funkhouser likes this.
  13. 4wd1936
    Joined: Mar 16, 2009
    Posts: 1,299

    4wd1936
    Member
    from NY

    "It's all fun and games until someone puts out an eye", we've all heard that one. In this case when that happens the lawyers come out and greed rears it's ugly head. What is often done in the experimental aircraft world is stating on the bill of sale "as is" and for parts only. Not sure if that would apply in the case of a car. I know a fellow who regularly sells stuff that is dangerous when parked and I don't think he has been sued, maybe punched a few times though. That is a nice looking car, I think you will be OK. Good luck.
     
    Clay Belt, oldrelics and lakeroadster like this.
  14. Boneyard51
    Joined: Dec 10, 2017
    Posts: 6,451

    Boneyard51
    Member

    What does your title state about the car? Bones
     
  15. lakeroadster
    Joined: Nov 6, 2008
    Posts: 604

    lakeroadster
    Member
    from *

    Title is as Henry intended.. 1927 Ford with applicable S/N
     
  16. Boneyard51
    Joined: Dec 10, 2017
    Posts: 6,451

    Boneyard51
    Member

    In my opinion, Your are safe. If your title said “home built” might be more of a problem. And.....

    I worked as a lawyer for three years one summer in Arkansas!
    Bones
     
    Clay Belt, Jugornot and lakeroadster like this.
  17. alchemy
    Joined: Sep 27, 2002
    Posts: 20,504

    alchemy
    Member

    Remove the shift knob and sell it as a "project". Then you are not responsible for selling a driveable vehicle.
     
    Clay Belt and Texas Webb like this.
  18. mike bowling
    Joined: Jan 1, 2013
    Posts: 3,560

    mike bowling
    Member

    Don't worry, be happy. Looks like a well thought out build to me. Give it a once over to check things out and let the new guy figure the rest out. Most people that get into hot rods understand the need for constant tinkering and checking ( "if parts fall off, honk" - one of my favorite stickers). Oh yeah, keep that grille- go stock, it'll still look good and save you a ton of dough. .04 cents worth


    Sent from my iPad using H.A.M.B.
     
    Clay Belt and lakeroadster like this.
  19. lakeroadster
    Joined: Nov 6, 2008
    Posts: 604

    lakeroadster
    Member
    from *

    I worked with a guy who was in his mid 60's that inspected pressure vessels for a living, as a professional, for lets say, Company A and had worked for them for decades. One of his customers asked if he would consider working after hours, inspecting as a consultant, on his own, but not for Company A, directly for the customer.

    He took the after hours gig. The customer got sued, the inspector was named in the lawsuit. Since he wasn't working for Company A he had no liability coverage.

    He lost his farm, his wife divorced him, lost his professional job. He ended up working for the company he was working at after hours, but for like 1/4th of what he was making as a professional. Basically living paycheck to paycheck.

    It broke the guy, not just his wallet, but his spirit.

    Nobody wants to be "that guy".
     
  20. Just sell it as is, on the bill of sale!
     
  21. 1946caddy
    Joined: Dec 18, 2013
    Posts: 2,076

    1946caddy
    Member
    from washington

    For the Clinton's?
     
  22. Spooner Clinton
    Joined: Feb 14, 2018
    Posts: 16

    Spooner Clinton

    I'd see about selling it as a "non operable vehicle, for display purposes only". I dunno it that would work but it would be worth checking into. I wouldn't put that in the ad, but on a separate document. If you explained why you did it that way, most gearheads would understand I believe.
     
  23. oj
    Joined: Jul 27, 2008
    Posts: 6,457

    oj
    Member

    Did it pass State Inspection and able to be driven on the highway? Well, there you go, it has met applicable standards by a State Inspector.
     
    scrap metal 48 and 61cad like this.
  24. 3 years in one summer.....time machine?:rolleyes:
     
  25. Boneyard51
    Joined: Dec 10, 2017
    Posts: 6,451

    Boneyard51
    Member

    Naw, they fired me. Kept telling the truth! Bones
     
    Irish Mike, loudbang and Atwater Mike like this.
  26. ..I'd really like that if it had a T or A grilleshell,...once you sell it , it ain't your resonsibility,...if that weren't the case people would be suing everyone after they had any issue with any car...
     
  27. Boneyard51
    Joined: Dec 10, 2017
    Posts: 6,451

    Boneyard51
    Member

    I believe that is the most beautiful grill on the planet! We’re just not us d to seeing it without fenders beside it. It seems too bold. I like it, thought, it’s a little different... kinda like most of us. Bones
     
  28. Atwater Mike
    Joined: May 31, 2002
    Posts: 11,624

    Atwater Mike
    Member

    Yeah, "Most of US" don't belong HERE, either.
     
  29. Truck64
    Joined: Oct 18, 2015
    Posts: 5,325

    Truck64
    Member
    from Ioway

    As a practical matter, most individuals are "judgment proof".

    Yes, it is true in this country they can "sue you for anything", but remember they also as a rule go where the money is. "Deep pocket theory." In this situation greed may work in your favor. They need to clear hundreds of thousands to really get 'em salivatin'. Plus, they aren't guaranteed to win.... So... No offense, but you may not have enough assets to make it worth their while. Relax.
     
    moparjimd60 likes this.

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