How about we come up a "Buyers Contact" for selling used

Scaaty

Vice Admiral
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May 31, 2004
Messages
5,180
After all the BS Bumpkin went through on the "sold a boat and it busted"....I would like any info we could put together and come up with "Contact" the buyer would sign.
Ya know, boat has been explained, warned of gauge watching, test ride giving if appropriate, or explained if why not...blah, blah, blah. I will be selling a few boats soon, and a couple motorcycles (gotta thin out), and don't feel like spending time in court...wadda think?
 

cmcpherson

Banned
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Jun 11, 2006
Messages
310
Re: How about we come up a "Buyers Contact" for selling used

good luck getting agreement from everyone and it will never stand up in court in multiple states...
 

Nova II 260

Senior Chief Petty Officer
Joined
Jul 27, 2006
Messages
681
Re: How about we come up a "Buyers Contact" for selling used

BILL of SALE
(item) ________________ is USED, AS IS, and WHERE IS.
Item sold in good faith, Buyer and Seller are in Mutual Agreement as of status and condition of (item) ______________ for the purchase price of $_______.___ .
Buyer accepts:
Item in current condition and assumes 100% liablilty of item listed at time of purchase.
Seller offers:
No Warrantees, No Guarantees, none were written or implied.
 

scoutabout

Lieutenant Commander
Joined
Oct 14, 2006
Messages
1,568
Re: How about we come up a "Buyers Contact" for selling used

The sad fact is that kid's mom is the sort of twit that no contract could prevent.

So instead of a bulletproof contract how about a bulletproof personality test for potential buyers and their immediate families!
 

Scaaty

Vice Admiral
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May 31, 2004
Messages
5,180
Re: How about we come up a "Buyers Contact" for selling used

Thats what I've done lately...an idiot shows up..tell the boat is not for him..period, and do not sell it..
 

Scaaty

Vice Admiral
Joined
May 31, 2004
Messages
5,180
Re: How about we come up a "Buyers Contact" for selling used

good luck getting agreement from everyone and it will never stand up in court in multiple states...
Bullpuppies...yet a jackoff lawyer contract would be?...ya sign your name on a contract of mine...your mine..
PS..ya sound like the type of person I would NEVER sell the time too..:cool:
 

cincy_cosmo

Cadet
Joined
Aug 7, 2007
Messages
18
Re: How about we come up a "Buyers Contact" for selling used

I agree that buying anything used from someone else is kinda a character thing. I just bought a used boat and alot of the two home visits and one in-water visit were sizing each other up to see if I believe him and he believes me...although the ball was clearly in my court, being the buyer.

I signed no big hairy disclaimer, he signed only the title and registrations.

If I put the boat in the water and it dies this month, I'll be sad, maybe mad at myself, but I would consider it dirty pool to go after him as I believe the boat was in good condition at the time of sale and to his best knowledge.

That being said, I think the possiblity of a all-encompassing catch-all contract is nill. Legally, the seller is always at risk that the buyer will come back and hammer him. IF a buyer can 'prove' the seller hid something, he can get the purchase turned over, if the claim of deception is true or not. It is best for a seller to hold on to his money, if he can, for 30 days or so, so he can return it.
 

cmcpherson

Banned
Joined
Jun 11, 2006
Messages
310
Re: How about we come up a "Buyers Contact" for selling used

Bullpuppies...yet a jackoff lawyer contract would be?...ya sign your name on a contract of mine...your mine..
PS..ya sound like the type of person I would NEVER sell the time too..:cool:

Nice response, WTF is this about? I make a sarcastic response and this is what I get? I guess that I should expect this from someone who says that "ya sign your name on a contract of mine...your mine," just WTF does this mean? That they are your slave? That they are your b!tch? That you are now the ruler of everything?

Just because someone signs something does not necessarily mean that it is legal and binding. But, I am sure that the meaning of this is lost on you!!!
 

Bigprairie1

Commander
Joined
Jun 13, 2007
Messages
2,568
Re: How about we come up a "Buyers Contact" for selling used

A self-developed document does not necessarily give you a bullet proof contract. However showing excellent due diligence in covering your bases with a clear, quality document signed by the buyer will stand up in your favor in court. Bet on it.
If you show up with a bunch of knapkin sketch signatures your arguments and the ol' he said, she said you will have less teeth in protecting yourself.
Do up a document, you will limit your chances substantially of having problems later.
Other important info on that document could/should have vin#'s and statements possibly pertaining to no liens or encumberances on the boat.
Its a fair request to have the buyer sign it. It should be less than a page, large type if possible, clear with correct spelling. Have someone else look it over to see if they understand it.
 

highangle

Cadet
Joined
Jul 19, 2007
Messages
28
Re: How about we come up a "Buyers Contact" for selling used

If I were selling, I think it would be good to have something like:

"Buyer was offered the opportunity to have the vessel/vehicle inspected by an independent mechanic of their choosing. That inspection has revealed no mechanical issues other than (of which they Buyer assumes, unless otherwise agreed upon in writing):
If no inspection is made, Buyer is reliant upon their own inspection, and Buyer purchases with all faults, known or unknown.
This sales agreement contains the entire agreement, and supercedes any oral agreement or representation between the parties."

Nothing will protect you from a suit, and the cost of defense. However, most states accept that an agreement between two people is binding, when mutally accepted.
 
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