Be aware that some states like Missouri the car must pass a safety inspection before it can be sold, nothing is stated about AS-IS getting you passed that requirement from my understanding.
Long story short we were sued by a guy for 1500 when my son sold the car for 700. We did win but it was close to a loss, he had just filed the suit under the wrong term.
Thanks for all the replies. I just want to have something in writing that states that the buyer is aware (I know he is because he says that he's been following my Fiero for many years) that the car is highly modified from its original condition.
You know how people are - something goes wrong and they look for somebody to blame...
[This message has been edited by yellowstone (edited 10-08-2015).]
Thanks for all the replies. I just want to have something in writing that states that the buyer is aware (I know he is because he says that he's been following my Fiero for many years) that the car is highly modified from its original condition.
You know how people are - something goes wrong and they look for somebody to blame...
Just hold on to that correspondence. That alone is your very BEST defense IF anything possibly comes up later. In legal terms it is known as an "averment" ( http://legal-dictionary.the...tionary.com/Averment )
Should the buyer later decide to bring any legal action against you, that *averment* made by him/her will show that they were well aware of the nature of the vehicle prior to purchase. (Also retain a copy of your website detailing all the modifications that he refers to)
The other cautions you have been given to note the Bill of Sale for "AS IS" condition are also correct. This also helps avoid any potential claims of "suitability for use", misrepresentation or "marketability " of the vehicle later on.
NOTE: I was VERY close to buying your car but with the certain knowledge that I would repaint it ORANGE, I assumed you and everyone else would be appalled.
[This message has been edited by randye (edited 10-08-2015).]
Be aware that some states like Missouri the car must pass a safety inspection before it can be sold, nothing is stated about AS-IS getting you passed that requirement from my understanding.
Long story short we were sued by a guy for 1500 when my son sold the car for 700. We did win but it was close to a loss, he had just filed the suit under the wrong term.
At a dealer maybe. I have sold and bought many of vehicles here in Missouri that never once required that. To get it licensed it has to go through a safety check.
another good reason to live in Minnesota. take the title to the DMV of your choice, pay the fees, take with you the new plates and 45-60 days later voila! the new title shows up in the mail. no inspections, no smog etc. (although probably quite a few unsafe cars on the road)
NOTE: I was VERY close to buying your car but with the certain knowledge that I would repaint it ORANGE, I assumed you and everyone else would be appalled.
From dnr.mo.gov Consumer Protection: Information for Used Car Buyers
Vehicles Sold “As Is’
The term “As Is’ is not defined by Missouri state statutes as allowing a vehicle to be sold without inspection compliance documented by the seller to the purchaser. A vehicle sold ‘As Is’ is that is statutorily required to emissions inspected by model year and fuel type (Do I Need a Test?) must be documented by the seller, whether a private individual or an automobile dealer, as meeting emissions inspection compliance prior to the sale per 643.315, Missouri Revised Statutes. A vehicle sold ‘As Is’ that is five (5) years old or older must be documented by the seller, whether a private individual or automobile dealer, as meeting safety inspection within sixty (60) days prior to the sale date as required per .
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Originally posted by deezil:
At a dealer maybe. I have sold and bought many of vehicles here in Missouri that never once required that. To get it licensed it has to go through a safety check.
From dnr.mo.gov Consumer Protection: Information for Used Car Buyers
Vehicles Sold “As Is’
The term “As Is’ is not defined by Missouri state statutes as allowing a vehicle to be sold without inspection compliance documented by the seller to the purchaser. A vehicle sold ‘As Is’ is that is statutorily required to emissions inspected by model year and fuel type (Do I Need a Test?) must be documented by the seller, whether a private individual or an automobile dealer, as meeting emissions inspection compliance prior to the sale per 643.315, Missouri Revised Statutes. A vehicle sold ‘As Is’ that is five (5) years old or older must be documented by the seller, whether a private individual or automobile dealer, as meeting safety inspection within sixty (60) days prior to the sale date as required per .
This is all very interesting, but not sure what it has to do with a car being sold in Florida?
This is all very interesting, but not sure what it has to do with a car being sold in Florida?
You posted if they take a car to another state they are on thier own. That is not true if the car is taken to Missouri as I stated at the top of the page. Someone challenged that and I posted in response. As-is doenst mean crap in Missouri.
[This message has been edited by LornesGT (edited 10-10-2015).]
Vehicle is sold "as-is, where-is". No warranty of any kind, or claim of suitability for any specific purpose, is offered or implied. Sale is final...
No need to over complicate things or being afraid. All you need is that above written on bill of sales. He signs it before you sign title and that's it. Keep the top part of your title and send it to DMV with buyer info. Done. BTW I think it look better in that orange color
You posted if they take a car to another state they are on thier own. That is not true if the car is taken to Missouri as I stated at the top of the page. Someone challenged that and I posted in response. As-is doenst mean crap in Missouri.
With all due respect to the great state of Missouri they can't control what happens in the other 49 states. The rules you posted would refer to a car sold in Missouri. If the car is sold as-is in Florida so be it. It's up to the buyer to figure out how to make it legal in their home, wherever that is.
[This message has been edited by jscott1 (edited 10-11-2015).]
Yes they can if the car can't pass safety inspection. That is why we were sued and we live in Illinois, if that was the case then the suit would have been dropped based upon that alone.
Yes they can if the car can't pass safety inspection. That is why we were sued and we live in Illinois, if that was the case then the suit would have been dropped based upon that alone.
Okay I'm done discussing this, but the republic we live in grants each state the right to do certain things and that includes car sales and titling. The state of Missouri can't do squat about car sold in the other 49 states, but believe what you want, I'm done. Being sued has nothing to do with it. You were sued by an individual not the State of Missouri. Anyone can sue anyone at any time for any reason. Doesn't mean they will win, each case is judged on it's own merits.
[This message has been edited by jscott1 (edited 10-11-2015).]
Randye don't you already have an orange almost clone version of this ? Yours was pretty plush from what i recall ?
Yes. You are correct
Had a long discussion about this with infinitewill and even JimmyS. The idea is that I would possibly either part out my car into Kolja's...... or part out his car into mine. (I can hear the screaming already)
I do already have the Amida F355 nose, (painted), and my car *is* already painted Lambo pearl orange. My next mods, as you already knew were going to be primarily drivetrain (and Vette brakes). Kolja has the Hella taillights completed that I was also going to do. He also added the custom suspension components, Amida dash, etc. I could see putting my SpeedHut programmable custom instruments into that Amida dash along with my one-off machined aluminum billet HVAC buttons and knobs. Probably even swapping out Kolja's 2.8 and putting in my 3.4 mated up to that Getrag along with that dual TB intake system...... or just putting in a 3800 w/ auto trans. (I already have the mounts).
Lots of ways this could have gone.
Since Kolja's car is now sold, I will now take that $12k and simply put it into *parts* for my car I guess.
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[This message has been edited by randye (edited 10-12-2015).]
Originally posted by jscott1: Just have to get in the last word, huh? Don't be mad at me because you got sued.
Jscott, I don't know you, but I do know Lorne. For those who don't know him, he really puts others first. He's a tolerant guy who rarely criticizes. He shared a bad personal experience with the intent of letting others benefit from it. If we jump on each other at every opportunity, this will cease to be a pleasant forum.
Thankfully, people don't usually sue when their used car doesn't pass inspection in MO. Fact is, if you purchase a car, and it doesn't pass inspection, you can sue the seller--usually by taking the car with paperwork to the highway patrol, but there would probably be other findings not in the favor of the buyer. It's like letting the code enforcement officers into your yard to check your neighbor's property: you'll both get citations.
Anyway, as pertains to bringing the car in from another state, you have to put the seller in MO. This can be via the bill of sale, or by delivery. There's a lot of legal stuff. Anyway, there are ways to get someone, regardless of state. Unfortunately, we have ”guilty until proven innocent”.
Lorne, thanks for sharing.
Randye, is the pic in ypur signature an old one? I see a stock nose.
I hope yellowstone's car went to a good home.
[This message has been edited by tshark (edited 10-12-2015).]
Since Kolja's car is now sold, I will now take that $12k and simply put it into *parts* for my car I guess.
The person is seeing the car tomorrow (flying in) and then we'll see if it is sold or not. Maybe you still have a shot at an orange-yellow FrankenFiero!
Randye, is the pic in ypur signature an old one? I see a stock nose.
Yes. I still have the stock GT aero nose on the car, but the new Amida F355 nose is all painted and has been ready to install for a couple of years now.
I have taken some "time off" from working on the car and taking it to car shows every weekend to attend to my career and health matters but am slowly getting back at it again.
[This message has been edited by randye (edited 10-12-2015).]
I did not know you had to enter the state, as I never found anything to indicate that. I did not find anything to help me out of the situation other than the way he persude the suit. His wording was that we were directed to repair the car by an officer was not true so we were won the suit. The judge of the higher court, because he tried to get the first one overturned told him how he should have filed. I don't know if he could try again but he didn't. It was a $700 dollar car that he was aware of the condition from what my son said the dam fool never drove it until later. I won't sell a car to a Missourian with my name on the title, sorry folks. Last word whatever because you have no idea of what you were talking about and continued to comment on it. There was no indication from reading the thread where the car was going and as Tshark indicate I was trying to help.
quote
Originally posted by tshark:
Jscott, I don't know you, but I do know Lorne. For those who don't know him, he really puts others first. He's a tolerant guy who rarely criticizes. He shared a bad personal experience with the intent of letting others benefit from it. If we jump on each other at every opportunity, this will cease to be a pleasant forum.
Thankfully, people don't usually sue when their used car doesn't pass inspection in MO. Fact is, if you purchase a car, and it doesn't pass inspection, you can sue the seller--usually by taking the car with paperwork to the highway patrol, but there would probably be other findings not in the favor of the buyer. It's like letting the code enforcement officers into your yard to check your neighbor's property: you'll both get citations.
Anyway, as pertains to bringing the car in from another state, you have to put the seller in MO. This can be via the bill of sale, or by delivery. There's a lot of legal stuff. Anyway, there are ways to get someone, regardless of state. Unfortunately, we have ”guilty until proven innocent”.
Lorne, thanks for sharing.
Randye, is the pic in ypur signature an old one? I see a stock nose.
Jscott, I don't know you, but I do know Lorne. For those who don't know him, he really puts others first. He's a tolerant guy who rarely criticizes. He shared a bad personal experience with the intent of letting others benefit from it. If we jump on each other at every opportunity, this will cease to be a pleasant forum.
I don't know you either but if you look at my ID you will I have been on here since 2001. I didn't just fall off a turnip truck, and I have helped more people on here than Lorne times 100 with advice and free Fiero parts whenever I can. Lorne was being obstinate and insisted everyone agree with him, despite the fact that he was wrong. So be it, everyone is entitled to an opinion, but I get irritated when they pass off their opinions as fact.
I hope we get to see the Yellow Fiero in it's new home.
Originally posted by jscott1: I don't know you either but if you look at my ID you will I have been on here since 2001. I didn't just fall off a turnip truck, and I have helped more people on here than Lorne times 100 with advice and free Fiero parts whenever I can. Lorne was being obstinate and insisted everyone agree with him, despite the fact that he was wrong.
Yellowstone, which nose does your Fiero have, for comparison?
Jscott, it's commendable that you fell off the turnip truck some time ago and have helped people, but I had no idea we were keeping score. Is this a competition? When you finish blowing your horn, Lorne has no need to prove himself, as no ship sails on water that is past. Regardless, if you feel it necessary, regale us with your expertise on Missouri law. And there is wonder why people don't post here?
Lorne, how dare you be the only obstinate person on this thread! Wait, where did you insist....?
Yellowstone, which nose does your Fiero have, for comparison?
I think I can answer this. The nose is one of a very few that were made by Deitmar Rohm in Germany. The same fellow that designed, and used to make, the "Deitmar side scoops" and side aero moldings, (which are also on Kolja's car)
The "Amida Fi355" nose, (made by PFF member Rob Amida), is the closest product to the Deitmar design.
The rocker panels with scoops came from, the now infamous, Dean Cain, ("Whodeanie") and were (as best I recall) a "joint effort" between Cain and JimmyS (Fiero Fiberglass) and were (again as best I recall), supposed to be offered as a product thru Fiero Fiberglass , but apparently didn't come about after "Whodeanie" scammed a lot of people on PFF, including Jim.
(Yes, that's my Orange car parked behind the crook's car at Daytona.......) Yellowstone has a later version of the rockers shown above with the scoops moved more towards the rear.
Deitmar Rohm also made some very nice rocker panels with scoops in a "Lotus" style with a "twist" to them, but very few were ever sold that I know of.
Deitmar's Fiero with his own hand made parts
Deitmar *might* have sold his F355 nose and rocker panels in North America, but shipping costs for parts that size from Germany were a nightmare and despite my efforts to work out a "licensing deal" and make the parts here in the U.S. we were never able to come to an agreement.
[This message has been edited by randye (edited 10-13-2015).]
I think I can answer this. The nose is one of a very few that were made by Deitmar Rohm in Germany.
I'm still unsure about that. I bought mine from "Fiero Performance Bayern" and from what I understand it may be more like a "cousin" to Dietmar's nose.
quote
Originally posted by randye:The same fellow that designed, and used to make, the "Deitmar side scoops" and side aero moldings, (which are also on Kolja's car)
Nope, my side scoops are AusFiero's Stage 2 scoops. I think Dietmar's scoop design was lifted from a last-gen Toyota MR2.
quote
Originally posted by randye:The rocker panels with scoops came from, the now infamous, Dean Cain, ("Whodeanie")
Yes, that's correct. They were adapted from a F355 kit with the scoop moved back towards the rear.
[This message has been edited by yellowstone (edited 10-13-2015).]
Nope, my side scoops are AusFiero's Stage 2 scoops. I think Dietmar's scoop design was lifted from a last-gen Toyota MR2..
Thanks for the corrections! , and I don't know why I have a habit of misspelling DIETMAR's name.....whatever happened to him anyway? Last I saw he had that beautiful custom silver Fiero and then he apparently fell off the earth....
Maybe Amida might do that if enough interested parties willing to buy that style.
Rob already makes 2 noses for the Fiero. The Fi355 version and his "512" version. I seriously doubt that he is going to make more versions for a small and dwindling Fiero market.
What you CAN do if you really MUST have a Lambo Hurracan nose for your car and cannot build it yourself is, Contact Dan: wilkidan@hotmail.com http://fierofiberglass.com/...20Pages/Lizardo.html Tell Dan what you want. Come to an agreement and stroke a check made out to him.... or hand him a wad of cash. You will get whatever you want and it will be great quality, PLUS you'll have the only one and probably have sole rights to the molds to sell more if anybody wants one. (of course you'll have to pay Dan to crank out the copies and that's the biggest part of the cost....)
[This message has been edited by randye (edited 10-13-2015).]
