Legal Question in Business Law in Pennsylvania

Auto Sales Liability

As a hobby I fix cars. I am selling cars that have salvage history that I have restored. One vehicle has a ''Reconstructed Title'' Branding the other 2 have ''Theft Branding''. There are no outstanding issues with the vehicles. All have be inspected by the state. Am I exposing myself if these vehicles are in an accident in the future? Can a contract be written if I sell the vehicles that would limit my liability?


Asked on 12/24/08, 10:18 am

2 Answers from Attorneys

Michael Berman Law Offices of Michael A. Berman

Re: Auto Sales Liability

I would initially say this isn't a problem, given the titles are clearly marked and you would probably state the cars are being sold as is...however, I would have the contracts for sales professionally drafted, rather than an off the shelf one because of the vehicle history. That way you would be extra safe, and the cost for that type of contract is usually minimal. Write back if you have any other questions direct to me at [email protected].

Mike

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Answered on 12/24/08, 11:42 am

Re: Auto Sales Liability

I'd do a disclosure statement, explain you are not a dealer, car repair or restoration or bodyshop business, but that you are an individual who repairs, restore and reconstruct vehicles, sometimes using parts from several vehicles, that you sell less than X cars per year, but that you strongly recommend the buyer have the vehicle inspected and have purchasers sign the disclosure. Include a satatment saying that is why the title says "__________". Use that along with an agreement for sale of the vehicle. stating it is sold "as is", or that you warrant the title si good, the vehicle can be re-titled to the buyer, and it will pass state inspection, or any other warranty you are offering - in detail!

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Answered on 12/24/08, 11:49 am


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