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Started By
Message
re: Sold a used vehicle. Now buyer wants his money back.
Posted on 9/27/15 at 7:50 am to Breauxsif
Posted on 9/27/15 at 7:50 am to Breauxsif
quote:
Message
by Breauxsif
Mouton is a first year law student, hahahaha. The rite of Recission statute applies in this scenario since the sale was closed within the confinds within a domicile. Mouton you're a complete joke of a wannabe lawyer. GTFO of here dumbass.
Jesus Christ. I can not believe you showed back up after as bad as you embarrassed yourself.One I don't recall the op ever stating where the sale took place and two what you are feferencing is only applicable if the sale was solicited in one's home; ie a door to door salesnan. Three you are really fricking dumb. Like really really fricking dumb.
0
Posted on 9/27/15 at 7:53 am to LNCHBOX
quote:
Are you not grasping that "usually" and "probably" do not equal "always?" Because it sure seems like you think they do.
Sure I do. It means in the majority of cases.
Posted on 9/27/15 at 9:53 am to mouton
quote:
Sure I do. It means in the majority of cases.
Oh, you're serious. I thought you were trolling, so I was fricking with you.
I didn't realize that you were just a fricking idiot. My bad, dude. I generally don't mess with slow people.
Posted on 9/27/15 at 9:56 am to tgrbaitn08
quote:
You're correct. That box is left blank for a reason. It's assumed the sale is "as is". The warranty, if any is offered, would be added in that box.
For your own sake, I pray that you're trolling.
Posted on 9/27/15 at 10:09 am to TSLG
What part of this dont you understand?
LINK
This is added to all of our Bill of Sales..The same wording that is in the PSA....
However it's not necassary because it's already assumed
LINK
quote:
Private sales usually are not covered by the "implied warranties" of state law. That means a private sale probably will be on an "as is" basis, unless your purchase agreement with the seller specifically states otherwise.
This is added to all of our Bill of Sales..The same wording that is in the PSA....
However it's not necassary because it's already assumed
quote:
EXCEPT FOR SELLER’S WARRANTY OF CLEAR AND UNENCUMBERED TITLE TO THE VESSEL, SELLER MAKES NO WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE VESSEL. THE SALE WILL BE "AS IS, WHERE IS," AND “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, AS TO THE DESIGN, CONDITION, MERCHANTABILITY OR SEAWORTHINESS OF, OR AS TO THE FITNESS OF THE VESSEL FOR ANY PARTICULAR PURPOSE OR ANY PARTICULAR TRADE. BUYER SPECIFICALLY WAIVES ANY IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS OR SEAWORTHINESS OF THE VESSEL. BUYER FOREVER WAIVES AND DISCHARGES SELLER FROM ANY CLAIM, LIABILITY, LOSS, EXPENSE OR CAUSE OF ACTION RELATING TO THE CONDITION OR ANY DEFICIENCY OR DEFECT OF THE VESSEL, INCLUDING, WITHOUT LIMITATION, ANY AND ALL CLAIMS (WHETHER BASED IN IMPLIED WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF RECOVERY) ARISING UNDER FEDERAL MARITIME LAW OR UNDER ANY LAWS OF ANY STATE (INCLUDING ANY CLAIMS UNDER LOUISIANA’S LAW OF REDHIBITION) OR THE UNITED STATES OF AMERICA. BUYER MAY NOT RELY UPON ANY ORAL OR WRITTEN REPRESENTATIONS, EXCEPT SUCH WRITTEN REPRESENTATIONS AS ARE MADE BY SELLER IN THIS AGREEMENT. WITHOUT LIMITING THE FOREGOING, BUYER SPECIFICALLY DISCLAIMS THE EXISTENCE OF OR RELIANCE UPON ANY ORAL OR WRITTEN REPRESENTATIONS CONCERNING THE VESSEL BY WHOMSOEVER MADE, AND REPRESENTS THAT IT IS RELYING ONLY ON THE RESULTS OF ITS OWN INSPECTION OF THE VESSEL WITH WHICH BUYER IS FULLY SATISFIED
Posted on 9/27/15 at 10:09 am to TSLG
So are you implying there is an implied warrant in ALL auto sales unless stated otherwise?
Posted on 9/27/15 at 10:15 am to TSLG
Private party car sales aren't held to the same standard as those from a car dealership.
Posted on 9/27/15 at 10:19 am to Red Stick Tigress
Watch out he will start insulting you and telling you about his daddy being a judge!!!!
By the way what kind of grown man calls his father "his daddy?"
By the way what kind of grown man calls his father "his daddy?"
Posted on 9/27/15 at 10:25 am to mouton
just reading some of his post history. He sure likes to give a lot of legal advice on this board...most of which he's all wrong about. He sounds like a complete jackass if you start reading some of his history.
Posted on 9/27/15 at 10:33 am to mouton
quote:
By the way what kind of grown man calls his father "his daddy?"
C'mon dude. There is some ignorance being tossed around in this thread, but that comment is just stupid.
Posted on 9/27/15 at 10:36 am to SG_Geaux
With the way this guy has carried himself in this thread he deserves to be ridiculed in every way possible.
Posted on 9/27/15 at 10:36 am to shoelessjoe
Tell him you will give $700.00 for it and you can sell it again.
Posted on 9/27/15 at 10:45 am to Red Stick Tigress
quote:
Private party car sales aren't held to the same standard as those from a car dealership.
Especially if they use BOS like the one here, which BTW is directly from LA DMV. There is no clause or disclosure whatsoever.
Posted on 9/27/15 at 10:52 am to jmcs68
How many people will have to tell this kid he is wrong before he gives up??
Posted on 9/27/15 at 11:14 am to mouton
quote:
How many people will have to tell this kid he is wrong before he gives up??
One. But he'll have to be much more knowledgeable than you.
To another poster...yes, the warranties are implied in every sale that arises under louisiana law.
I've linked you guys to code articles and a fairly recent case. Although not on point, that case laid out the rules for redhibition and had the "as-is" clauses found invalid.
Go read up on it. Then, you can change your argument to, "I was talking about utah, federal, or Turkish law."
Posted on 9/27/15 at 11:25 am to TSLG
quote:
To another poster...yes, the warranties are implied in every sale that arises under louisiana law.
How then do you explain this??
quote:
Private sales usually are not covered by the "implied warranties" of state law.That means a private sale probably will be on an "as is" basis, unless your purchase agreement with the seller specifically states otherwise.
Posted on 9/27/15 at 11:35 am to TSLG
quote:
To another poster...yes, the warranties are implied in every sale that arises under louisiana law.
I think you're confusing manufactures warranty with sellers warranty.
How many times do we have to tell you that when selling a vehicle or a boat on a private basis the seller is not required to disclose any decencies and it's assumed to be as is where is unless specified in a purchase agreement? What don't you understand there are no warranties or guarantees?
This post was edited on 9/27/15 at 11:35 am
Posted on 9/27/15 at 11:36 am to mouton
How? I'd say it's a FAQ, from a federal agency, that is trying to be broad enough to cover the laws of 50 different states; louisiana having the most differences.
Like I said before, go to google scholar and search for some cases. Maybe you could include boat, redhibition, waiver of warranty, etc. I've already posted a fairly recent 2nd circuit case that would help you a lot. It lays out some of the rules that are applicable to this discussion.
Like I said before, go to google scholar and search for some cases. Maybe you could include boat, redhibition, waiver of warranty, etc. I've already posted a fairly recent 2nd circuit case that would help you a lot. It lays out some of the rules that are applicable to this discussion.
Posted on 9/27/15 at 11:40 am to tgrbaitn08
quote:
How many times do we have to tell you that when selling a vehicle or a boat on a private basis the seller is not required to disclose any decencies and it's assumed to be as is where is unless specified in a purchase agreement? What don't you understand there are no warranties or guarantees?
I don't think you could tell me enough, because you're wrong.
Posted on 9/27/15 at 11:51 am to TSLG
quote:
? I'd say it's a FAQ, from a federal agency, that is trying to be broad enough to cover the laws of 50 different states; louisiana having the most differences.
Nice try but what I posted came from:
quote:
The Louisiana Used Motor Vehicle Commission is the state governmental regulatory authority that licenses the used motor vehicle industry and investigates consumer complaints involving the sale of used motor vehicles. The Commission licenses and regulates over 8000 licensees engaged in the sale of used motor vehicles or parts including: used motor vehicle dealers, automotive dismantler and parts recyclers, motor vehicle crushers, rent with the option to purchase dealers, daily rental dealers, auction dealers, salvage dealers and salesmen.
Now once again......
quote:
another poster...yes, the warranties are implied in every sale that arises under louisiana law.
How do you explain this???
quote:
Private sales usually are not covered by the "implied warranties" of state law.That means a private sale probably will be on an "as is" basis, unless your purchase agreement with the seller specifically states
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