Legal Question in Civil Litigation in California
I have an older model car that I would like to sell and both the passenger and driver's side seat belts need to be replaced. I'm wondering if it's legal to sell a car in California that needs new seat belts if the buyer is made fully aware of the defect and are warned before the sale that the car may be unsafe in an accident? Also, if it is legal to sell, I would like to draw up a document that removes any legal liability for me if the new owner is injured due to the faulty seat belts, something that I could have the buyer sign and have notarized.
2 Answers from Attorneys
If my memory is correct, the law bans the sale of vehicle with non-operative seatbelts because there is no assurance that the belts will ever be fixed.
Why don't you save yourself the hassle and just replace the seatbelts? I mean, if I was selling my car and it did not have the spark plugs, I would just put the spark plugs in, not sit around drafting up documents to cover various contingencies.
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