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PostPosted: November 12, 2014, 2:17 pm 
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So I have had my locost on the road for 3 years now. I don't drive it much now that I've gotten a couple motorcycles.

Was thinking about trying to sell it but have some questions about legal issues... Primarily what if something breaks and the new owner is injured? Is there any way that I could be liable for his injury? Is there a way to protect myself if it is an issue at all?


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PostPosted: November 12, 2014, 5:06 pm 
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Daed wrote:
Is there any way that I could be liable for his injury? Is there a way to protect myself if it is an issue at all?


If the buyer is a litigious type, there is no limit to the number of lawyers that will take that case. Your renters/homeowners insurance (liability component) should cover you against claims. You may want to read the fine print or get a written statement from your agent to make sure it would be covered.

You can increase your policy's liability limit by purchasing an umbrella policy above the underlying policy limit. The insurance industry recommends the limit be twice your net worth.

This topic concerns me. It might be safer to part out the car than sell as a complete, registered car. Make the buyer be the constructor.


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PostPosted: November 12, 2014, 5:20 pm 
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I faced this when selling Kimini. Fortunately the buyer was really into odd cars and provided his own form he'd used before, one basically saying that anything that happens is on him. Would it hold up in court? Probably not, but from talking to him I got the feeling that he meant it. Also, once in the new owner's possession, the more time that passes is good for you because you can legitimately say, "I have no idea what he did with the car or what he ran over (think: big potholes) since I sold it."

Now spouses on the hand - they can be a real problem. Say my buyer took my car on a twisy road and died trying to take a turn at 100 mph. He's gone - and along with him his understanding of responsibility. Meanwhile, his spouse is heartbroken, and then a friend suggest to her that just maybe, the car broke and caused his demise. So after me she comes with her attorney. That's the nightmare part... and I don't really have an answer for you. If your car's worth a fair bit of money, maybe you can take out the engine and remove the suspension, selling it as a "kit." If it's only worth a few thousand, consider cutting it up for scrap, as whatever you make may not offset your worry at night about what the new owner is doing with it.

Back on my car, it's since been sold to a third owner so I feel (fairly) comfortable that if something happens, I have an honest defense of "I have no idea what the second owner did to the car." Doesn't get me out of a court date though and I suppose that'll hang over my head until the day the car is scrapped.

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PostPosted: November 12, 2014, 7:13 pm 
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Also been touched on here as well.

Al

http://www.locostusa.com/forums/viewtopic.php?f=1&t=12563&hilit=lawyer

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PostPosted: November 12, 2014, 9:18 pm 
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i don't consider my locost as a car at all, its a work of art!!!! if i ever sell it, it will be sold as such and the vin # will probably be removed on the premis that it has a different chassis to the one i registered and the original has been destroyed and the DMV will be notified of that fact.

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PostPosted: November 14, 2014, 8:51 am 
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Thanks for the link raceral, did not find that in the forum search.

Probably worth it to throw a couple hundred bucks at a lawyer have him write up a waiver. Also scrapeing the vin sticker and making the new owner reregister it sounds like a good idea as well, even if it does cause the new owner a little more hassle.


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PostPosted: November 14, 2014, 9:08 am 
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Location: Cornholio OR "Where the magic happens"
This vehicle is being sold "as is" "where is", it is a competition vehicle and has no warranty expressed or implied.
As such this racing vehicle has not been safety tested and is not to be considered safe in any way.
Even though this competition vehicle may be licensed as a motor vehicle it's construction and parts have not been made with any legal safety requirements met, as such none is implied.
By purchasing this competition vehicle and signing this notice you agree that its operation is entirely at your own risk and the seller is indemnified from any damage of any sort the buyer may incur.


Once you call it a competition (racing) vehicle the picture changes dramatically.

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PostPosted: January 29, 2015, 10:20 am 
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john hennessy wrote:
i don't consider my locost as a car at all, its a work of art!!!! if i ever sell it, it will be sold as such and the vin # will probably be removed on the premis that it has a different chassis to the one i registered and the original has been destroyed and the DMV will be notified of that fact.


That's the ticket, right there.

Remove the VIN and shred the title, let the DMV know the vehicle chassis is no more, and then have the new owner re-register it. They would then be listed as the manufacturer. Knock $1000 off the price an give them everything they need to register it if you have to.


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PostPosted: January 29, 2015, 6:18 pm 
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I plan to add a passenger seat to my car also and eventually will allow other driver to co drive my car (Make sense financially for big competitions).
I am thinking about writing some type of waiver and having any passenger/driver sign that says the car is not safe, built in a garage by a guy who has no experience nor training. The vehicle has not met any safety standards or been tested in any way shape or form. Anyone got some good verbiage I could use. #Threadhack

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PostPosted: February 2, 2015, 4:59 pm 
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Bent Wrench wrote:
Once you call it a competition (racing) vehicle the picture changes dramatically.

This. The general public (i.e. jury pool) thinks anyone driving a racing car is crazy to begin with, and deserves whatever misfortune might befall him. If it comes down to an argument between lawyers as to what constitutes a racing car, one good picture of the car will settle it for most people.


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PostPosted: February 2, 2015, 5:27 pm 
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Joined: August 19, 2014, 5:17 pm
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Location: England
Jerminator96 wrote:
john hennessy wrote:
i don't consider my locost as a car at all, its a work of art!!!! if i ever sell it, it will be sold as such and the vin # will probably be removed on the premis that it has a different chassis to the one i registered and the original has been destroyed and the DMV will be notified of that fact.


That's the ticket, right there.

Remove the VIN and shred the title, let the DMV know the vehicle chassis is no more, and then have the new owner re-register it. They would then be listed as the manufacturer. Knock $1000 off the price an give them everything they need to register it if you have to.


I am not sure that would achieve anything, in England there is this kind of all encompassing law which basically says if you sell someone a vehicle it has to be fit for purpose. If you are selling something as spares or repairs its different, caveat emptor then applies .

Bob

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