I have a car that runs, but has a ton of miles, and I doubt it will pass inspection. MA has a lemon law that requires most vehicles sold to pass inspection, or you get your money back. If I list it as “for parts”, and make it clear that it’s unlikely to pass inspection, do I avoid the lemon law? I’m not trying to be shady, I’m just trying to state as clearly as possible that the car is being sold “as is”.
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All used car sales in at least most, if not all states are considered as-is, no warranty unless otherwise stated. Use a standard bill of sale and make sure it says as-is. Unless they can produce paperwork showing a warranty was offered then you’re in the clear. There are some stipulations for inspections and emissions in some locations.
As long as you have them sign a document listing all problems you know the vehicle has then it shouldn’t matter.
AS-IS CONDITION
Fellow Masshole here.
Every car I have sold, no matter the condition, I have required the buyer sign a bill of sale.
Its a simple text document -
I, woohooguy, sells (make model year) (VIN) with (miles) in AS IS condition to (space for buyer name)
Vehicle (may/will/) require work to meet required state inspection standards OR
Vehicle will not meet required state inspection standards, for parts only.
Sign 1
Sign 2
Keep a copy for your records and you are fine.
Mass law dictates so long as you dont sell more than 3 cars in a 12 month period, you are not a dealer, which is where the lemon law comes in.
The bill of sale with the buyer signature protects you from small claims bullshit.
Make sure your bill of sale states AS IS. Have them sign it. Anyone can take you to court even if they have no chance of winning. Buddy sold a car not to long ago in hanson and the radio broke and a window stopped working a couple months later. Dude tried to sue him and as soon as the judge seen sold as is, on the bill of sale, case was dismissed.