need help making a buy/sell contract for a used engine

[frankozz]

I am selling my engine to a guy, but I don't want to have any issues after the deal is done with the guy contacting me about whatever issue he has with the engine. I am selling it cheap. And when it was in my car it ran until I pulled it out, but I can't afford to make any guarantees on a used engine. So can you guys help me to write a buy/sell contract stating that the engine is being sold as is with no guarantees whatsoever? what else should the contract say?
Thanks.

 

[SpawnedX]

It doesn't have to be anything special at all.

Write a Bill of Sales:

I, (Your Name), sell one used engine, (VIN #), out of a (Car Details) with (Mileage) to (Buyer's Name). Both parties agree that this engine is being sold AS-IS in current condition with no guarantees as to performance or condition.

(Your Signature) (Buyer's Signature) (Witness) (Date)

Have 2 copies, both signed, you keep one, they keep one.

 

[frankozz]

Cool, thanks bro. I just don't want him crying to me or sueing me after he does something stupid and blows the engine and blames it on me...

 

[cs82685]

there's no warranty implied, you don't need a contract. With that said I sold a block and the kid texted me a while later complaining about surface rust, I told him it was stored outside but always covered (he saw the rust when he bought the damn thing). Anyways, he then sent me a pic of it put in the car and let me know it was working fine

 

[Defiant]

You don't need all that noise.
"Sold as-is."

 

[SpawnedX]

"Sold as-is" in legal jargon is the same as saying "sold as-is in perfect running condition."

 

[Defiant]

Is it, now. "As-is". How do you derive any kind of condition other than what it is in from that?

Jesus. And your generation will be running my rest home.

 

[SpawnedX]

If you really want proof of how the as-is term screws you, Defiant, than I will give you proof. "My generation" is populated with many able minded individuals with experience with the law, age means nothing.

 

[SpawnedX]

"On the other hand, the phrase "as is" does not disclaim express warranties, such as those created by the seller's description of an item. In other words, the item may be sold "as is," but if the item does not conform to the seller's description, the buyer has a right to reject it.

For example, a seller of a used automobile sells his car to a buyer, and puts into the contract of sale the statement: "The buyer accepts the automobile AS IS, WITH ALL FAULTS." Two minutes after the buyer drives off with it, the engine seizes, and the car stalls. Unless the buyer can show that there was some fraud involved, or the seller breached an express warranty, the buyer is not entitled to a refund.[citation needed] This would be a specific example where fraud in the inducement could outweigh anything in the contract, express or implied: it simply doesn't matter what disclaimer or limitations may be found in the contract, if the contract is void (or voidable) for any reason."

Directly from Wikipedia. If you do not add in some sort of language that implies their is or may be faults with the car being sold, in this case engine, then as-is implies without faults.

 

[SpawnedX]

http://www.kaarmls.com/What Does As Is Mean.pdf

Here is some more re-affirming what I am saying.


Used Car Fraud: What does "as is" mean?

 

[Stanley Dist]

"On the other hand, the phrase "as is" does not disclaim express warranties, such as those created by the seller's description of an item. In other words, the item may be sold "as is," but if the item does not conform to the seller's description, the buyer has a right to reject it.

For example, a seller of a used automobile sells his car to a buyer, and puts into the contract of sale the statement: "The buyer accepts the automobile AS IS, WITH ALL FAULTS." Two minutes after the buyer drives off with it, the engine seizes, and the car stalls. Unless the buyer can show that there was some fraud involved, or the seller breached an express warranty, the buyer is not entitled to a refund.[citation needed] This would be a specific example where fraud in the inducement could outweigh anything in the contract, express or implied: it simply doesn't matter what disclaimer or limitations may be found in the contract, if the contract is void (or voidable) for any reason."

Directly from Wikipedia. If you do not add in some sort of language that implies their is or may be faults with the car being sold, in this case engine, then as-is implies without faults.

Usually some one does not use Wikipedia which is all information submitted by users, as a source of reference.

If you were to turn in an assignment in college and cite Wikipedia as a source, your professor will laugh at you.

 

[EriClipse]

Figured i would jump in
as is adj. description of a condition in a sales contract in which the buyer agrees to take the property (e.g. house, horse, auto, or appliance) without the right to complain if it is faulty. However, the buyer must have had the right to reasonable inspection, so that he/she has a chance to find any obvious deficiency.

 

[Lofty]

Holy crap, starting arguments then making your facts in 5 minute incriments x 4.

You can learn a lot off of google huh?

 

[lacroixdp]

I don't know how 'As-Is' is in the People's Republic of California or Rhode Island (or any of those liberal states up yonder), but in the ol' boy state of Indiana if you sell something 'As-Is', you have no recourse if it falls apart 5 feet from my place, period. I've never, ever heard of anyone winning a lawsuit for a defective product sold As-Is, at least in the sane parts of the US. In fact, ALL purchases in Indiana are As-Is unless stated otherwise... you assume any and all liability for your purchase. Just one more example of people not accepting responsibility for their purchases. Inspect before you buy.

 

[TRBOBLU]

I don't know how 'As-Is' is in the People's Republic of California or Rhode Island (or any of those liberal states up yonder), but in the ol' boy state of Indiana if you sell something 'As-Is', you have no recourse if it falls apart 5 feet from my place, period. I've never, ever heard of anyone winning a lawsuit for a defective product sold As-Is, at least in the sane parts of the US. In fact, ALL purchases in Indiana are As-Is unless stated otherwise... you assume any and all liability for your purchase. Just one more example of people not accepting responsibility for their purchases. Inspect before you buy.

Exactly. AS IS implies no condition whatsoever. Its like when you buy those really cheap houses that say "as is". Well if you later find out the roof is rotted out or some other problem that wasnt discovered before then you are screwed. THERE IS NO WARANTEE OR GUARANTEE!!! These freaking wackos in the court system are the only ones that could turn a statement like "as is" into the statement "perfect working order".

 

[TunaTalon]

Any contract for a value less than one hour of a lawyer's time does not need a lot of words. More words just bring more need for legal advice.

If you think Defiant's words "sold as is" need some amplification then add "no warranty is involved either express or implied".