Forum Discussion
mowin
May 11, 2016Explorer
westernrvparkowner wrote:Dutch_12078 wrote:Things like this will increase your potential liability, not mitigate it. A casual seller would have no liability in a sale such as this. Putting things like this into writing may be construed as you presenting yourself as an expert. This can increase your liability, though in this particular instance there really is no chance of that ever happening unless there is some huge safety issue the seller is not disclosing that would not be apparent to a buyer. (I.E. the hitch is actually broken in half and the seller glued it together with superglue or they neglect to tell the buyer that they severed the rear break lines to the tow vehicle so they wouldn't wear out, and then removed all the warning lights and buzzers because they were annoying). Private sellers have very little to no liability in almost all private sales.
I would add a disclaimer clause to the bill of sale that specifies that they have been advised of the weight issue and accept the risks. Have the clause signed separately from the bill by both of them. And keep a copy for your own records of course...
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