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!)

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