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 > Good deal or not a good deal?

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valhalla360

No paticular place.

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Posted: 01/13/18 01:45am Link  |  Quote  |  Print  |  Notify Moderator

DownTheAvenue wrote:



Thank you for your opinion. Even though it is not correct. Unless the language satisfies law, the contract is null and void. The television judges do a big disservice because the viewers then believe that is how the law actually works.


I write and enforce contract terms all the time. I've seen the good the bad and the ugly. Unless you are suggesting some particular unenforceable term, you really need to go back for some refresher courses in contract law.


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mowermech

Billings, MT

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Posted: 01/13/18 06:02am Link  |  Quote  |  Print  |  Notify Moderator

valhalla360 wrote:

mowermech wrote:

valhalla360 wrote:

Get an independent inspection and value estimation and do a written contract.

You dealing with an associate, so the more you can do to keep it an unbiased arms length negotiation, the better.

Otherwise, when something goes wrong (and it will), you are less likely to blame your "friend" because you went in with eyes wide open.


A contract for a private party sale? For what? Is the seller going to finance it? If so, a contract is definitely needed. If it is a used goods, "as is where is, no warranty expressed or implied" cash sale, the only "contract" required is a Bill Of Sale.
If the seller wishes to give a 30 day 3000 mile warranty, that can be noted on the BOS.
I have never given a warranty of any kind on a used vehicle sale. If the buyer wants a warranty, he can contact one of the multitudes of Service Contract sellers that are available. Once the seller has the cash in hand, and the buyer has the title and possession of the vehicle, the deal is done and complete.
As for the coach in question, yes, I think it probably is a good deal. If you like the coach, and it appears to be well cared for, I would say "Go for it!" If an inspection would give you peace of mind, do that before the purchase.
Good luck.


You do realize a simple bill of sale...is a contract?

The issue here is he's not dealing with a stranger, so spelling out very clearly that there is no warranty (if that's what the seller wants) is good because there is also a relationship at risk and there may have been informal discussions during the process that can create confusion later when something goes wrong and verbal discussions were that everything works great.

Always better to spell things out.


I thought I made that quite clear.
"If it is a used goods, "as is where is, no warranty expressed or implied" cash sale, the only "contract" required is a Bill Of Sale."
Yes, of course, a BOS is a sort of "contract". In fact, my State DMV has a standard form BOS available for download on their website. Just download it, fill it out, sign it (preferably in front of a Notary Public), and there you are, a quick and easy "Contract To Buy and Sell"! No lawyer required, no hassle, no finding fault, just a done deal. I have done it many times.


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DownTheAvenue

Sunny South

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Posted: 01/13/18 10:27am Link  |  Quote  |  Print  |  Notify Moderator

valhalla360 wrote:

DownTheAvenue wrote:



Thank you for your opinion. Even though it is not correct. Unless the language satisfies law, the contract is null and void. The television judges do a big disservice because the viewers then believe that is how the law actually works.


I write and enforce contract terms all the time. I've seen the good the bad and the ugly. Unless you are suggesting some particular unenforceable term, you really need to go back for some refresher courses in contract law.


Well, contract is enforceable if it satisfies the legal definition. You cannot enforce something that is not a legal contract, and to be legal it MUST contain language that satisfies law. You obviously are not an attorney. You may well work in an office where you contact and engage in dialog with people who have already signed a contract that attorneys have written.

Once again, if the contract is not a legal document by definition, then there is nothing a court can do to compel the parties to follow the terms of a document that is not legally binding upon the parties associated with the non-legal document.

Grit dog

Black Diamond, WA

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Posted: 01/14/18 09:39am Link  |  Quote  |  Print  |  Notify Moderator

Well, the last page of lawyer vs other guy sure helped with the OPs question......


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johnwalkerpa1

Pennsylvania

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Posted: 01/16/18 08:16am Link  |  Quote  |  Print  |  Notify Moderator

Grit dog wrote:

Well, the last page of lawyer vs other guy sure helped with the OPs question......


Lol! Yep, reminded me of two 10 year old kids arguing on the playground.....but it seems like the OP did get some good info in spite of these two...

2012Coleman

Florida

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Posted: 01/16/18 11:23am Link  |  Quote  |  Print  |  Notify Moderator

I plan on putting my TT up for sale very soon - we are upgrading! The last thing I'm going to do is ask potential buyers to sign any type of contract, except if your definition of a contract includes a receipt document that states on it somewhere "AS IS".


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Lexx

California

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Posted: 02/21/18 03:15pm Link  |  Quote  |  Print  |  Notify Moderator

Contracts aside, a 2008 Newmar has the potential for paint checking. You should weigh the risks benefits of coaches 2003-2008 due to their propensity for paint xhecking.


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