What
the law says:
I’m
sure you’ve heard of lemon laws which provide protection to consumers who buy
used cars that have been misrepresented as being in good condition or otherwise
fail to meet quality and performance standards. But did you know that lemon
laws only apply to auto dealers in most states?
That’s
right, there is almost no legal protection when you’re buying from a
private seller. The large majority of states view private car sales as “as is”
sales. That means that whatever condition the car is in when you receive it is
your problem to deal with. For the most part, used private car sales are “buyer
beware”.
Rules
to follow:
· Always
get it in writing. Whether it’s a promise of the condition of the car on
the whole or the condition of a particular part or system, print out the
Craigslist ad before you ever contact the buyer. Pay special attention to
listings that have promises of new or recently repaired parts. Get evidence of
the promises they are making. Keep any and all correspondence in writing,
whether it be through email or text message. Secure a paper trail.
· Always
ask important questions before you go to inspect the car. Ask if it
has had repairs recently and where they were done. Ask for a copy of receipts
for proof. Ask if the seller has had any issues with the car. Ask for the VIN
if you want to go the extra mile and do an online check like CarFax. Make
sure the seller’s answers are in written form, if you ever need to reference
them later.
· Always
ask to test drive. Not every private seller is comfortable allowing this,
because if you’re test driving their vehicle and something happens to it, the
seller is on the hook legally and financially. But it doesn’t hurt to ask.
· Never
buy a car without having a mechanic inspect it. If the mechanic finds
issues with the car, ask him or her to itemize their findings on the inspection
report. Use the issues as a point of negotiations. Often the seller wants to
get rid of the car, so they may be willing to work with you on splitting the
repair bill or lowering the purchase price of the car.
· Never
let the seller choose the mechanic. You don’t want to take the chance that
the mechanic is actually the seller’s buddy who may be willing to fudge information
to help a friend. Always choose a mechanic you trust. You may have to foot
the inspection bill yourself, but it is money well-spent.
· Never
complete a private sale without a receipt. It doesn’t matter if the receipt
is written in crayon on a piece of toilet paper. A receipt is needed to prove
what you paid, when you paid it, and to verify the condition of the car. Make
sure both you and the seller signs and dates the receipt. A receipt may make or
break your case in civil court.
· Never
pay for a private sale in cash. I know cash can be a powerful tool in price
negotiations, but there is no way to track how much cash you paid and when,
aside from your word. Make sure you pay in a way that’s easy to track,
like PayPal or by check.
Signs
you need to walk away:
Here
are some serious signs that you may just need to walk away:
· The
seller can’t produce a title.
· The
title the seller produces looks sketchy.
· The
title shows a lien on the car whose status the seller won’t or can’t verify.
· There
are signs of water damage in the car (new upholstery, rust under the seats,
waterlines).
· The
car has fresh paint (a sign of covering up damage after an accident).
· The
17 digit VIN on the dashboard doesn’t match the VIN on the car door (a sign the
car was stolen).
· There
are signs of fluid leaks around the car which is an indicator of a major
problem.
· The
seller is jerking you around when it comes to arranging an meeting, test drive,
or inspection with a mechanic. If the seller has nothing to hide, then they
should be willing to work with you.
When it
comes to a private used car sale, check the laws in your state by visiting your
DMV’s website or calling your local DMV chapter. Remember to always take
safeguards to protect yourself and don’t let the buyer pressure you in any way.
Be prepared to negotiate and be prepared to walk away. If you put yourself
first, you should be able to successfully buy a safe used car from Craigslist.
From internet
No comments:
Post a Comment