Selling a car - bill of sale and liablity release?

[Barrythevic]

California has a PDF form for each.

http://dmv.ca.gov/forms/formsreg_alpha.htm

Form REG 135 Bill of Sale

Form REG 138 Notice of Transfer and Release of Liability

In California, the two forms protect the seller.

First if the buyer gets into an accident and the seller hasn't filed the forms, the car will show up as belonging to the seller and they can be held liable for damages, claims etc.

Second if the buyer does not register the car, and the seller doesn't file the forms, the seller is still on the hook for DMV fees and any traffic or parking tickets.

In California if you do not pay your tickets, they are deducted from your tax refund plus penalties.

Good Luck!

[Blueface]

Originally Posted by Barrythevic

California has a PDF form for each.

http://dmv.ca.gov/forms/formsreg_alpha.htm

Form REG 135 Bill of Sale

Form REG 138 Notice of Transfer and Release of Liability

In California, the two forms protect the seller.

First if the buyer gets into an accident and the seller hasn't filed the forms, the car will show up as belonging to the seller and they can be held liable for damages, claims etc.

Second if the buyer does not register the car, and the seller doesn't file the forms, the seller is still on the hook for DMV fees and any traffic or parking tickets.

In California if you do not pay your tickets, they are deducted from your tax refund plus penalties.

Good Luck!

California is such a unique....................f...'d up place.
There are laws there for the laws.
Hard to believe that if I sell my car and surrender my plates, I am not seen as no longer having that car.
The buyer is sure as heck not going to be driving away with my plates on the car.

Originally Posted by Blueface

California is such a unique....................f...'d up place.
There are laws there for the laws.
Hard to believe that if I sell my car and surrender my plates, I am not seen as no longer having that car.
The buyer is sure as heck not going to be driving away with my plates on the car.

Was thinking the same thing Carlos. Here, I sell the car, transfer the title, take the registration sticker off and turn the plates in and I'm done.

[AD720]

Originally Posted by Resipsa

Was thinking the same thing Carlos. Here, I sell the car, transfer the title, take the registration sticker off and turn the plates in and I'm done.

Thanks for all the info guys.



Vic - I believe that in PA I do retain the tags. I'm just not sure about the assumed "as-is" so I would like to get something, in addition to the state mandated paper work, that absolves me of any liability regarding the condition of the car (ie, we sign the paperwork, shake hands and as the other party is driving away the check engine light turns on or the wheels all fall off).

[Blueface]

Originally Posted by AD720

Thanks for all the info guys.



Vic - I believe that in PA I do retain the tags. I'm just not sure about the assumed "as-is" so I would like to get something, in addition to the state mandated paper work, that absolves me of any liability regarding the condition of the car (ie, we sign the paperwork, shake hands and as the other party is driving away the check engine light turns on or the wheels all fall off).

Andrew, then you should be OK.
All my years of being a frustrated attorney want to be (I am involved in litigation constantly and instruct counsel how to defend our cases) coupled with my years of "People's Court" have taught me one thing about selling cars, it is an "as is" transaction unless you have specifically detailed an expressed warranty. I don't think there is a court that will invoke a mandated warranty from you if you did not detail that one would be provided, what it would cover and how long the coverage would be afforded. I am certain PA will follow that school of thought but if you are concerned to cover yourself, why don't you write out a Bill of Sale and express NO WARRANTY/SOLD AS IS on it?

[AD720]

Originally Posted by Blueface

Andrew, then you should be OK.
All my years of being a frustrated attorney want to be (I am involved in litigation constantly and instruct counsel how to defend our cases) coupled with my years of "People's Court" have taught me one thing about selling cars, it is an "as is" transaction unless you have specifically detailed an expressed warranty. I don't think there is a court that will invoke a mandated warranty from you if you did not detail that one would be provided, what it would cover and how long the coverage would be afforded. I am certain PA will follow that school of thought but to cover yourself, why don't you write out a Bill of Sale and express NO WARRANTY/SOLD AS IS on it?

That's the plan, I'll just copy the one posted above and add that wording in.