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

Thanks for all the comments fella's, much appreciated.

 

Every state will be different, but if there's a state system in place that qualifies the car as roadworthy, like an annual inspection or an enhanced inspection process, then the inspection (inspector) carries the responsibility for the vehicle safety.
If there's no state system in place, then if you sell a car as "roadworthy" and it's not, then the liability is hard to shed. For instance, no matter how many written words say "as-is", if you're selling it as a "driver" then there is an implied warranty of fitness to be driven. This is not to say that you would be liable for a stock car's parts, but if you built/designed stuff that was defective in design or build, then there is a good argument that you were negligent, as negligent as an auto maker would be.

 

90 days or the end of the driveway, whatever comes 1st...

I guarantee you'll enjoy it and work on it as much or more than I...

I wouldn't be afraid to drive it coast to coast. You might, but not me...

 

It just an old car then, I wouldn't worry

 

In Missouri it is illegal to sell a car that will not pass inspection. I always get a car inspected prior to sale. I had one guy try and tell me once that I sold him a car with bad brakes, I asked him if he had the inspection paperwork that went with the 10 day old sticker he sad yep. I said good bring it to court and I'll bring my photocopy. End of conversation.

If my work was good in ay state in the union I would be more concerned with title liability than with safety on a home built car.

So the question is does Colorado have a safety inspection requirement? If the car passes you should be golden I would think.

 

Well said. I'd further add though that because of the age of the vehicle, if someone was to get hurt in an accident, there would be several strong defenses likely available to you. But you still don't want to be in a position where you'd have to defend yourself at all.

 

I built the car in Ohio. Licensed there and driven there. No safety inspection required.. as previously stated, it's a 1927 Ford and titled as such.
We moved to Colorado. Licensed there and driven there. No safety inspection required.

 

Agreed, I've always said, "If you have to call a lawyer, you've already lost".

 

Sold: one hollow rolling sculpture.
No claims as to use made or accepted.
As is, for value received.

 

wow, man. Just.... wow.

 

Sold as is. No warranty express or implied. 12/12 warranty, 12' or 12 seconds, what ever comes first.
I don't know what it's like there but here the seller needs to have the car mechanically inspected by an authorised inspection station for a 'Safety certificate' to be issued which facilitates registration transfer. Registration doesn't prove ownership as we don't use titles. Once lawyers are involved, no one is a winner except them.
Additionally hot rods where I live require an additional inspection by representatives from the technical advisory committee (TAC) of the national hot rod body (ASRF), more damned expense. Personally I wouldn't trust the ability, skills or knowledge of some of these members either.
Your NSRA safety list is not optional here, it is mandatory. In saying that I've seen some cars built here by so-called professionals that would not meet my standards.

 

If your that worried about it ---- keep it!


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I really don't know, that is one very nice looking Hot Rod to be worried about, I can think of a half dozen off the top of my head that are unsafe to look at, never mind drive. Bob

 

If I were you I'd give serious consideration to not selling it. That is one cool pu. I would only paint it but not sell it and then the worry goes away.

 

How much?

 

This vehicle seems very dangerous and shoot be removed from the road promptly. Bring it to my house and I will safely dispose of it.

For real though, it seems as though you can judge a person as to whether they're the type to do something like that. I would make it very clear to the person that you aren't liable for any accidents.


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There’s not many things you can do to protect you from a law suit. If you have him sign a paper stating it’s an old car that has been modified and has no modern safety features to protect your self, you are admitting you are selling a defective car. Could be used against you. You cannot predict the future, the buyer could be a good guy, but crashes into a ahole the ahole could possibly sue you. But don’t worry too much this applies to everything you sell. A previous post said it very well, most folks are sue proof because of lack of assets, ie owe on your home, car, credit cards. No lawyer worth anything would take the case, so.. if the ahole wants to sue he’s going to get the unemployed lawyer , that is worthless, may be troublesome but winnable case. Ask me how I know. “Good” lawyers go for the deep pockets of insurance companies. Bones

 

Nice car !

Sell it to someone in another country, - say for instance New Zealand, then you can’t be held liable in any way.

 

Those roadster pics look familiar? Was they from an older magazine shoot?

 

I do that same thing on every vehicle I sell running or not.
It wouldn't hurt to keep a detailed file on the car with plenty of photos and the parts list. That shows you built it as close to right chassis wise as one might want to expect. That you keep just in case.
It is indeed a shame to see that nice 34 grill on that car, to me it screams "I'm headed to Vegas to Viva and I had to do something to fit in with the rat rods. It really detracts from an otherwise great car in my book.

 

Yep , nice little car .........when ever I sell something , a used car , truck , motorsickle etc ...........on the bottom of the receipt I write ............." sold with all faults if any "

Steve in Oz

 

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It was in the June 2006 edition of Rod and Custom.....

 

Nice T, liability: Change your name and change your town like the Blues Songs and it'll be fine!

 

How many OT cars are on the road with rotted frames? I see these all the time here in NY, owned a couple myself. Of course these cars I owned were junked and not sold. If a sharp inspector misses it, the car can go on for years and get worse.

 

Everyone who belongs here has probably done work to their car. Is that really much different if you sell it?

 

creative advertising create a controversial thread with lots of pictures of the car just for hypothetical argument lol...jk..If stating "sold as is with no guarantee or liability henceforth" in the notes section of your transfer papers (with purchaser's initials) doesn't cut it get a stock Liability Waiver form and have the purchaser read and sign in front of a witness... that will indemnify you...

 

Selling the car as is will not cover you in all instances. Example You sell the car as is and the transmission goes bad the next day; the as is disclaimer covers you case closed

A year after the sale the buyer has an accident and a weld you did failed and the passenger was killed the as is warranty would not apply as you acting as a manufacturer failed to properly do and inspect a critical step. Think about it manufacturers get sued all the time for not properly building a car when that defect is responsible for injury or death. You cannot sign away your liability with an as is clause if you are found negligent and that negligence causes injury. Look at it another way you buy a car as is and on the on the way home your loved one is killed because the steering box falls off and you lost control of the car. Come to find out the box was held on with baling wire. You're not going to sue because of an as is clause? I don't think so the previous owner was negligent and that negligence caused injury.

 

A mechanical system will, in time fail.
There are a couple of HAMB legal types, they could speak to this issue. Terms, I might add; no warranty expressed or implied. Seems as though the question is about liability, and safety in use. A thorough inspection by an independent expert, might be helpful, or wise if you felt it necessary.

 

Dude, have some faith in your work.

 

Perhaps have a simple notarized paper drawn up to be signed by the purchaser saying something to the effect:

"I, the purchaser, understand that this is an antique automobile that can have unforeseeable defects due to age and obsolete manufacturing standards, and agree to have a complete mechanical and safety inspection performed and passed by a licensed professional before driving said vehicle"?