Selling a vehicle with a known issue - Auction - Arbitration policy?

[ExtraSlow]

Hey, had someone suggest that if you had a vehicle with a known defect, you are better off selling it at auction because then the buyer doesn't know who you are. Seems that Regal Auctions anyway has a "buyer protection policy" that may mean the seller is on the hook for repairs in some instances.

https://www.regalauctions.com/auctio...yer_protection

I suppose a vehicle could me marked "as-is" but that might be a big red flag and drop the value a long way.

So, anyway, selling a vehicle with a known defect is a shitty move, but if you were doing it, how would you do it?

[G-ZUS]

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Hey, had someone suggest that if you had a vehicle with a known defect, you are better off selling it at auction because then the buyer doesn't know who you are. Seems that Regal Auctions anyway has a "buyer protection policy" that may mean the seller is on the hook for repairs in some instances.

https://www.regalauctions.com/auctio...yer_protection

I suppose a vehicle could me marked "as-is" but that might be a big red flag and drop the value a long way.

So, anyway, selling a vehicle with a known defect is a shitty move, but if you were doing it, how would you do it?

has to be some sort of major defect?

[infamous]

I've used Regal auctions to get rid of my unwanted vehicles, as well as Kijiji. Don't advertise it as something that it isn't; and don't lie. You don't have to mention every single tiny thing wrong with the car but if it has an engine knock or accident damage a lot easier to say up front. Lots of ways to get rid of a turd lol.

[J-hop]

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Hey, had someone suggest that if you had a vehicle with a known defect, you are better off selling it at auction because then the buyer doesn't know who you are. Seems that Regal Auctions anyway has a "buyer protection policy" that may mean the seller is on the hook for repairs in some instances.

https://www.regalauctions.com/auctio...yer_protection

I suppose a vehicle could me marked "as-is" but that might be a big red flag and drop the value a long way.

So, anyway, selling a vehicle with a known defect is a shitty move, but if you were doing it, how would you do it?

I always thought if you sell privately there is nothing the buyer can do unless you’ve done something like vin tampering?

I always use the Alberta BOS and I always write specifically as-is on the back (even though that is assumed). I’ve always been completely transparent with any issues but I think it’s buyer beware regardless.

I ran into a few issues looking for an older truck. I looked at several advertised as “rust free” that were far from it. Some kid said “I have no idea what you’re talking about” when I called him out for patching major rust on the cab and spraying rocker gaurd over it. He said I didn’t know what I was talking about and then I showed him with the magnetic tool I brought how there was clearly no metal behind there and that on a chip I could obviously see the thick layer of bondo. He just stared blankly at me and said “I don’t know man”.

I doubt there would be anything I could do if I bought that truck even though it was structural/safety compromising rust holes he’d hidden.

Edit: I guess you’re also thinking so the buyer can’t show up to your house with a bat? The number of times I’ve seen online and even here people not filling out a proper BOS, not taking the sellers driver license number, not checking that registration matches the sellers ID I’m pretty sure you could just put a fake name and number on there, meet away from your home and most buyers wouldn’t know any better.

[zieg]

I think it's always better to just fix the issue beforehand. Or, you could just take the repair price off the asking price in case the buyer thinks they can do it cheaper. A good example of this is when I sold my truck with a crack in the windshield. I got a quote from a reputable shop and took that off the sell value, so the buyer could either pocket the money and live with the crack, or take it somewhere cheaper etc.

[spike98]

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I always thought if you sell privately there is nothing the buyer can do unless you’ve done something like vin tampering?

I always use the Alberta BOS and I always write specifically as-is on the back (even though that is assumed). I’ve always been completely transparent with any issues but I think it’s buyer beware regardless.

My lawyer has always told me that writing "as is" is pretty much useless. If you sell a vehicle with a known defect, writing "as is" doesn't absolve you from the responsibility to disclose the defect. "As-is" can imply that there are no warranties against unknown defects but if that's the case, in court it would be a buyer beware situation unless you explicitly agreed to some warranty terms.

[corsvette]

Depends.....I recently bought a Chevy 3/4 ton diesel at auction, the pig needed a transmission. Auction quickly refuned my $$ and called the owner and told him to come get his truck. They wanted no part of that sale unless the owner declares the issue beforehand.

If this is a el-cheapo vehicle run it through unreserved "As Is"

[J-hop]

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My lawyer has always told me that writing "as is" is pretty much useless. If you sell a vehicle with a known defect, writing "as is" doesn't absolve you from the responsibility to disclose the defect. "As-is" can imply that there are no warranties against unknown defects but if that's the case, in court it would be a buyer beware situation unless you explicitly agreed to some warranty terms.

Interesting, I get what your lawyer is saying but in court if the lawyer asks the defendent if they knew about the defect and they say no then you’re SOL regardless. Unless through some magic you can find a 3rd party that can substantiate a claim the seller knew. Which would be extremely unlikely IMO

[Seth1968]

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So, anyway, selling a vehicle with a known defect is a shitty move, but if you were doing it, how would you do it?

I'm curious as to what brought you to ask such a question.

[JRSC00LUDE]

If the way an individual is intentionally representing and/or pricing something could knowingly lead someone to be taken advantage of, you're a dick. If everything is above board and the transaction can't do that, you're cool.

[mr2mike]

A friend sold a bike with transmission issues. Disclosed in the ad and the guy picked it up, didn't start it and was keen to tear into it and fix it. Price reflected the damage too.

[Kloubek]

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I'm curious as to what brought you to ask such a question.

Yeah, me too. Seems like a shady question to ask in the first place...

Selling a vehicle with issues is not against the law, and I figure it's pretty much expected for a used car. Any law suit would have to be a civil one, which is a pain in itself.

As far as I know, unless the owner offers a written guarantee that nothing is wrong with the car, or that XXX aspect of the car is 100%, you'd have to convince a judge that the owner knew about the issue first of all, and knowingly covered it up (almost impossible to do), and perhaps even a question as to whether or not there was nothing wrong to the best of their knowledge as a non-mechanic.

Even then, you'd be working against the whole caveat emptor thing and a question from the judge as to whether or not it should be the buyer's responsibility to get a vehicle inspected before purchase. In the end, it's probably not worth the trouble or expense in almost all cases.

Personally, I may leave out information when selling a car but I will never lie. If anything, I torpedo my own sales by being up front about things they wouldn't even have known. Ie: When I had tires installed on the chrome rims on my M37 I sold Monday they never could get the beads to sit 100% and this resulted in some of the tires losing air. I pumped it up before the buyer arrived, but I did tell him about it so he didn't get a surprise in a week when a tire or two was low.

It's just the right thing to do. I don't believe in Karma, but I do believe if one is the kind of person to try to screw others that having such a mentality WILL come back to you at some point in life.

[gmc72]

I bought a car years ago (Fiero. I know, I know) that turned out to be written off and rebuilt. Guy never disclosed it, and I was too young to know what to do. Luckily the owner the place where I worked said that a customer was familiar with these situations and worked for the government. I went and had the vehicle inspected to get registered and it failed. I called the seller and threatened to go to the province. The seller gave me my money back, and when he went to pick the car up at the dealership where it was inspected, the service manager came out to "meet" him. Apparently he just laid into the guy!! Long story short, it all worked out in the end.

[ExtraSlow]

There's levels of dirtbaggery when it comes to not disclosing issues.

Total dirtbag level is failing to disclose rebuilt status, prior accidents or prior insurance claims.

Very minor would be failing to disclose a tire that has a slow leak or a burnt out bulb.

There's several levels in between

[carson blocks]

I've sold stuff at every auction around, and even on the beaters they have you sign off that there are no major issues (powertrain etc.) or problems with the title. IMO, either fix it or disclose and sell it on Kijiji. For auction, I don't mean you have to disclose minor stuff like "A/C compressor is noisy when it's cold outside" or "ABS light comes on every few months for no apparent reason" but major shit like "no third gear", "4wd doesn't work", "engine is only alive because of 60w oil and will grenade in the next week" etc.

[Nufy]

Bump Are auctions still bad ?

Looking at a vehicle on tomorrow Regal Auction.

Not available for viewing and out of province so inspection will be needed.

I know it will cost money if i win...Just curious if the curbers are still around in full force these days.

[ExtraSlow]

90% of the people at that auction are either curbers, or they wish they were. Regal is probably the worst auction, most of the really good stuff goes to Adessa for dealers.
Go in with your eyes open and knowing there are almost certainly unseen issues.

[firebane]

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Bump Are auctions still bad ?

Looking at a vehicle on tomorrow Regal Auction.

Not available for viewing and out of province so inspection will be needed.

I know it will cost money if i win...Just curious if the curbers are still around in full force these days.

Needing an OOP and not able to view is an immediate walk away for me.

At a auction yard out near Strathmore they had I think a 2006 Cobalt for $500 and not making much headroom.

Ran a carfax and they didn't disclose it was a salvage title.

Be very careful and do your homework.

[Twin_Cam_Turbo]

Regal is absolute garbage still.

[Nufy]

Agreed but how much homework can you do...

No VIN listed and unable to view the car.

Almost like a crap shoot. Place your bid and take your chances.