Seller Responsibilities

[wilber]

Take it easy guys. FT, you don't get cabin fever in TX so you can't use that excuse as to why you're snapping at people. I on the other hand am **** tired of winter up here, cabin fever is starting to run rampant.

Lack of sunshine is killing me in Kansas. Going to start shooting soon...

 

[dittle]

FYI, my brother lives in Edgerton and works in Olathe

 

[wilber]

I bought a lot of Liquor in Edgerton growing up in Wellsville. Fantastic...

 

[scranch18121]

The original post has it's merit of a higher standard.... but...Why is it that it's always someone else's fault? Buyerse need to be more responsible for their own actions, stupidity, incompetence, negligence, and plain ole duh.

It should not be the responsibility of the seller to make sure of anything. responsibility stops at the bill of sale.

This is a prime result of only giving 'time out' bringing up kids. Everyone getting a trophy (even if you came in last place). .... and most kids not having a man/ father in their upbringing. We are starting to see the result of all this in every aspect of life.... even selling a MV to someone. Buyer blaming the seller for their own short-comings.... how 9 year old is that !!?

 

[shootist]

This is a prime result of only giving 'time out' bringing up kids. Everyone getting a trophy (even if you came in last place). .... and most kids not having a man/ father in their upbringing. We are starting to see the result of all this in every aspect of life.... even selling a MV to someone. Buyer blaming the seller for their own short-comings.... how 9 year old is that !!?

So True!!

 

[91W350]

I think the seller should be honest in the description, especially if he/she knows the contact is long distance. We are in a different world than out fathers and grandfathers. The Internet has made finding what was the impossible very easy to find, tremendous businesses have been generated, by the same token, give a thief a venue and he will exploit it. We are a much more mobile society than we have ever been before and we have more means to make contact with each other than ever before, just look at the assembly on this forum.

As for helping a buyer load his vehicle, learn how to drive it or answer any questions he may have, I am all for doing it. I am not going to be charging him like it was a service either. Maybe that is why I am the average guy helping out instead of the rich guy laughing about how much money he got from somebody. But that is just me, I have always gone out of my way to help others, if I have the ability and the know how. Glen

 

[wb1895]

One old trick I used to do when I was working in law enforcement was, get a pocket recorder and record the sales transaction. I would also record when I explained any issues with the truck.

That little recorder has saved my tail more than once.

 

[dmetalmiki]

all very good but..

I had two or three people view my kraz and other stuff & I HAD to say to myself "wt?" have I got here! just watching one in particular trying to climb up & into the truck caused me concern..and the "fiddling and trembling" at the controls..? NO SIR NO WAY (sez I, 2 me-self!) I'll try it down the road sez potential buyer.. NO you want thinks I but "says after a hinting wink to my lad I'll check the fuel" a quet word at the tank and my lad pipes up " oh I havent fixed the pump yet" OH..blooming heck says I, "we cant test it today then to the client..(but to myself I mutter or ANY day mate !") on Another ocaision I ask an inept "lets have drive type" do you have a L.G.V. licence? he answers no you can drive this on a car licence , ever driven a truck I ask. no he says.. so thats my mind set..NO drive & NO sale. My concerns? what if he has an incident (polite description) then if its a "bad" incident I WOULD FEEL RESPONSIBLE no matter the law. AND our hobby gets another set back and possible restrictions etc.
Also A test drive for assesment of the vehicle COULD be a "driving instruction session" for a seriouse and competant driver buyer, (who the hecks to say?) Anyway in the uk now you can NOT drive an historic hgv if you passed a car test AFTER a certain date. and when driving a historic vehicle law says UNLADEN and or towing an UNLADEN trailer. but but but others knowing my posts think..YOU tow trains n' stuff..yes & as that puts them outside the class , I possess a full H.G.V. licence. which also requires a full medical every year. due to age. (MINE not the trucks lol) I have to say the krazz is still here, But it does not thanfully have a "criminal record" I dont need the money that bad. soon as an honest trucker type buyer comes allong with the relevent licence experience (& cash!) It will get the new home it deserves.

 

[dmetalmiki]

in addition

If i know of faults affecting a safety issue, I inform a potential buyer It MUST be trailerd or transported. Cant insist you say? well I do because I PAY for the transportation and allow that in the purchase price to them, after all it would have cost me at least that to bring it to the standard I would wish and should reasnably bring it to for a worthy value selling price as I would wish for myself and or family. ANY other descriptions are in the sale docket and signed by both parties.

 

[panshark]

The original poster is making a great argument for the Feds to stop sales to untrained persons (and how many of us went thru a military driver's school?).

I believe the seller has a duty to completely disclose all he knows about what he is selling, be it a truck or mower or real estate. I also believe it is up to a buyer to be aware of what he is buying. I recently went to Budget and rented a truck close in weight to a deuce, but automatic. It was easy and they did not delve into my knowledge of trucks. Just sayin...

I don't think the argument would be made in the original post (through questions) as much as it could have been made in successive posts. A short time back a guy wanted to swap his old jeep for a duece, and allegedly struck the seller after being refused a sale (thread titled "lil' angry"). Do we have the integrity to say, "sorry, you look like a loser, I don't want to sell my truck to you (and also, your trade-in vehicle looks suspect as well, why don't you both make like trees, and leave.) Is that rude? Yes. Can it be the right thing to do? Yes.

I'm not comparing myself to any other members, but--if I get to the point where I would be willing to sell a truck that I really like, I would hope that I could still see it driving around town, or at least might spot it in another town when I travel. If I can picture seeing my truck on the front page of a newspaper, describing how the buyer had a terrible mishap while driving, that would force me to say "no deal", at the risk of the seller throwing a physical temper tantrum.

The same would apply to me purchasing a vehicle. If I can envision my name in the paper as a result of 1.that vehicle + 2.that seller then that equals=NO DEAL.

With regards to risking legislation against our hobby...we are a free, self-governing people. This thread should reflect that we govern ourselves, our hobby, and do it responsibly and voluntarily. This online assembly of people has NO CAPTAIN. It is privately owned and maintained, members are allowed to express themselves responsibly, and moderators overlook civility, technical issues, and keep out the riff-raff who cannot self-govern.

God bless the owner of this site. I am truly appreciative of what he has done.

 

[SETOYOTA]

when selling it is your responsibility to describe your item accurately and truthfully. Don't lie or misrepresent the item. Answer any questions they may have and let the buyer make their own decision. After that its all on the buyer.

 

[SETOYOTA]

you may end up with a new legal problem by refusing to sell to someone just because you don't like the way they look.

 

[panshark]

you may end up with a new legal problem by refusing to sell to someone just because you don't like the way they look.

You're right. I wonder if that's why lil angry's seller told him to get lost, because he sold it 5 minutes beforehand.

They don't have to know why they can't have the truck, they just have to...leave.

 

[sandcobra164]

I've only sold a few trucks that I've bought from auction, I've recovered quite a few more. I've never let a truck leave my yard whether privately owned prior to me seeing it or recovered without making sure the owner or new owner knew all of the things to see about the truck to ensure safe operation. It takes a little more time and sometimes you get an extra tip in dollars. Even if it didn't, I'd never hesitate to make sure that people who bought a truck from me knew exactly what to look for to make sure they can get down the road safely. I'm with the conspiracy theorist's on here wondering about the safety of the hobby and the safety of people who play with this stuff.

 

[Troll1216]

When I got mine I had taken a driver's course specificaly with the vehicle - M35a2, so I knew what I was getting into. I also read up, asked questions, and became involved in the history and mechanics. I am far from a mechanic, but I do have the ability to learn and advice and tips from this site is outstanding. I keep up on it for simple enjoyment of the hobby, learning from others and making new friends along the way.

I also keep up on it as a matter of principle because I am a driver of one for my department, so I want to be as knowledgeable as I can be.

I am looking for a second Deuce now for my brother and simply put I would rather trailer it home than drive it. I did drive my first home, 200 miles or so, and I asked the SS member, "Would you make the trip in it?" I had a back up plan and numbers for a wrecker but that gave me the idea of what mechanical shape the vehicle is in from an honest no BS SS member.

I think that sold as is where is is the best and with all faults known or unknown, but if I had to sell one I would want to make sure that it was not going to go to an idiot. Although they are easy to drive, it is a big truck and requires forethought to driving that most matchbox cars today do not, it is a drivers vehicle and must be respected.

As I ramble through this, I don't think that a novice (which I still am) or a vet driver is under any more or less liability for driving the truck.

As is where is and with all faults known or unknown. Drivable, but recommend flat bed until it is evaluated until YOU feel safe driving it.

 

[PeterD]

There's more than one way to skin a cat.....there's just no way to make him like it.

When I sell a vehicle I give the buyer a Bill of Sale that describes the vehicle and states:

"Sold as is, where is. No warrantee expressed or implied.
Buyer assumes all liability with purchase of this vehicle."

I would recommend adding:

"Buyer agrees to indemnify and hold seller harmless from all claims, causes of action, damaged and judgements arising out of the use, sale, or ownership of [item sold]."

The reason is that the "as-is, no warrantee" clause protects you (the seller) from claims from the buyer, but not third parties. Say the buyer drives the truck and has an accident... The person he hits, is not prevented from filing suit against you so you need him to agree to protect you.

 

[trukhead]

Thanks for the lawyer talk, I'm going to use that as well.
When I sell something that runs and drives, to the best of my knowledge in a safe and maintained manner, I will tell the potential buyer that for me I think it is safe but the buyer is on their own to know or have an experienced party check it out but it is still their responsibility for safe operation once they sign the bill of sale and title. If those terms are not acceptable, don't buy it.
If the item is parts I tell them don't plan on driving it cause it's a POS for parts only.