Sunday, April 12, 2009

AS-IS

Recently there's been a growing trend with people demanding refunds for cars and other items, especially things bought on Craigslist.

Now, Craig Newmark has carefully given many, many warning of the scams out there.

Yet, over in the Legal Forum, there's a continuous stream of posts asking for advice. People buy cars, drive them for a couple of weeks, sometimes a couple of months, and then contact the seller, demanding their money back.

Look, in most states, including California, private party sales are inherently AS-IS. There is no refund if you don't like the deal you got, you found a cheaper car, or the car broke down after you drove the wheels off of it.

There's only a couple of things to remember when selling anything.

First, make sure the buyer does a full inspection of the item. If it's a refrigerator, have it plugged in so it's cold. If it's a stereo, play it. If it's a video game system, show the buyer the whole thing, plug it in, play the game.

If it's a car, tell them whatever you know about it, don't make promises about the condition, do a test drive (bring a friend with you, don't take checks, take payment in cash only, preferably at the DMV so you can transfer the title right then and there).

And remember, in California, you MUST get the vehicle smogged. Plus, if you don't have time to meet at the DMV, you can do the "Release of Liability" form online at www.dmv.ca.gov. Be sure to print out your copy!!

And if a buyer contacts you a week, a month, a year afterward, demanding a refund on a private party sale, tell them the truth, there is NO refund.

As-is is just that, AS-IS -- and that means beware and be aware on both sides of the deal -- buyer and seller!!

Don't fall for the BULL DROPPINGS.

And if they threaten court, tell them, "See you there!" (99 times out of a hundred, they're blowing smoke!)

Sunday, April 5, 2009

Facing Foreclosure?

Listen, you're going to get a lot of messages via e-mail, phone, mail, radio and TV about modifying your mortgage.

YES, you should try to modify your mortgage.

But listen up, my city newsletter says loan-modification companies CANNOT CHARGE AN ADVANCE FEE FOR THEIR SERVICES if your lender has issued a notice of default against you!!!

So that stuff you're getting from those companies is a bunch of BULL DROPPINGS!

What you need to do is contact your mortgage company and ASK for a loan modification. That generally puts the foreclosure on hold for a couple of months while they go through the process. And trust me, it's well worth it, I did it myself and IT DIDN'T COST ME A PENNY!

Don't be scammed by job loss and foreclosure, you do have options.

And listen carefully, if you do lose your house, it's not the end of the world.

I can personally tell you that three years after the discharge of your bankruptcy, you will qualify as a first time homebuyer and be able to buy again. And now that you've survived the mortgage meltdown, you'll be a better consumer and homeowner.

Remember, there is NO need for drastic measures. If you lose your job and your house, it's only a momentary setback on your road of life.

It's not the end of the world.

I can tell you this because I personally know a few people who are actually on their THIRD house, and I myself lost a house in the 90s. And three years and two months after the discharge of my bankruptcy, I bought another house.

Don't let the scammers and BSers and drama suck you down with BULL DROPPINGS! You will come out of this mess in a way better space, just give it all time to evolve, it's gonna be OK!