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Buyer wants refund on truck sale
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Buying a Car "As Is"
There are several conditions a car can come in when you purchase it. The most well-known are "new" and "used," but there's a third description that may show up on a car's price tag: "as is".
What Does "As Is" Mean?
"As is" is a legal term describing the status of an item for sale. It means the item is being sold complete with all issues known and unknown. Essentially, the term frees the seller from legal recourse should an unexpected problem arise with the item after the sale.
In the case of a car being sold "as is," the term refers to a vehicle's warranty status. A car being sold "as is" is being sold without a warranty. That means that any problem with the car is no longer the responsibility of the dealer or private seller once it has been sold. All repair costs will come directly out of pocket for the buyer.
Buying "As Is" from a Private Seller
A majority of "as is" sales are from private sellers. Unless your purchase agreement states otherwise, a private sale is on an "as is" basis.
Private sales are much less regulated than sales at a dealer. Many states don't require a private seller to ensure the car will pass state inspection before selling it.
You may also have limited legal recourse regarding:
An inaccurate odometer reading.
Misinformation regarding the number of owners on the title.
A seller not disclosing the car's true accident history.
If the car was stolen and retitled.
If the car was declared salvage in another state.
To avoid many of the above scenarios, consider running a VIN check on the car to obtain a vehicle history report. This should disclose any ugly situations that the seller did not.
Preparing for an "As Is" Sale
It's very important before making an "as is" purchase to do your research. Check the Internet for information on vehicles as similar as possible to the one you're interested in.
What is a typical selling price for a car of this make and model with this number of miles?
What are typical problems for a car of this make and model with this number of miles?
How reliable are these cars?
How many of these cars are still on the road?
Since there is little to nothing guaranteed about the car's condition, this will help limit any surprises or set the right expectation for the car.
Other good ways to prepare include:
Requesting the car's vehicle history.
Ask about both the car's accident history and maintenance records.
Get the car looked at by a mechanic before purchasing it.
If buying from a private seller, arrange to meet in a safe and public place.
Ensure the seller provides all proper paperwork for the purchase.
Car dealers will typically handle the paperwork for you.
When buying from a private seller, use our guide to paperwork to ensure you fulfill your state's requirements.
Create a Purchase Agreement
If you're conducting a transaction with a private seller, you can ask about writing a purchase agreement. This agreement should clearly state:
The responsibilities of both the buyer and seller—and what each is NOT responsible for.
Full names and addresses of both buyer and seller.
Full description of the vehicle.
Buyer's acknowledgement of the car's "as is" status.
Signatures of all parties involved.
While this is not an official document, it could help clarify understanding between the two parties and could possibly be potentially useful should any legal issues occur.
Pros & Cons of an "As-Is" Purchase
Advantages of an "As Is" Purchase
The biggest advantage is price. In many cases, dealers are legally obliged to sell an "as is" car under a certain price.
Private sellers are also often eager to sell the car, possibly for reasons other than the car's condition. This typically makes them much more willing to negotiate.
Disadvantages of an "As Is" Purchase
As the saying goes, caveat emptor, or "Let the buyer beware." While buying an "as is" car can save money in purchase price, buying an "as is" car can just as easily end up costing much more than anticipated in maintenance costs.
Ensure you do your research and get the car inspected by a mechanic prior to the purchase to limit the chance of buying a car in poor condition that will require major work to keep running.
Buying a Car "As Is" | DMV.ORG
The Palmetto State is known for its beaches, golf courses, and natural beauty. Maybe because of its leisure life, South Carolina is unsurprisingly also a pretty painless place when it comes to buying a car. It has a few state specific regulations and paperwork, but overall, things are very consumer friendly when compared to some of their neighbors. If you're looking into buying a car in South Carolina, you're in luck! We've got you covered.
Like a majority of the states in the US, South Carolina has some specific laws when it comes to buying a car. There shouldn't be a whole lot of surprises if you know whether you're going to buy from a dealership or private buyer, and the state makes it fairly straightforward if you follow the guidelines here, and fill out the paperwork correctly.
Buying a used car in South Carolina from a private seller
Assuming you're buying from a private seller who has the original title and is sole owner, the state requires quite a few different documents to transfer ownership over to you:
Title Application (Form 400)
Statement of Vehicle Operation (Form TI-006) this is only required if you don't have a South Carolina Driver's License of ID at the time of your purchase and transfer
Signed Title with owner's name and your name - the odometer and purchase price must be included on the back
Signed Bill of Sale or Buyer's Order - your signature as the buyer is required, and includes the vehicle's sale price, minus any trade in value
The SCDMV requires a title to be presented in order to register it with the state, unless you buy it from a dealer or established business. You can start the process of transferring the title and registration, but it typically takes a bit longer to verify than it would if you were buying from a dealer.
The DMV itself doesn't recommend buying a car in South Carolina from someone who doesn't have the original titles (as do a number of other states) and is generally considered a red flag.
If you find the perfect car and the seller has a reasonable explanation why they don't have the original, a duplicate can be requested by the original owner. Additional steps are recommended, like running a vehicle history check for damage, liens, and any questionable activity like being reported missing or stolen.
Since South Carolina is a state that also requires auto insurance before you're able to officially register a new car in your name, the VIN will come in handy for this portion of the car buying process as well.
This can be accomplished once you start the buying process and have the year, make, model, and VIN that you can share with the insurance company. At a dealership, this can usually be added while you're adding final signatures, and for a private seller can be added almost immediately.
Buying A Used Car in South Carolina: What To Know - CoPilot
Private party vehicle sales in South Carolina require the certificate of title to transfer ownership from the seller to the buyer. Additional documentation may be required if the title is not filled out completely, or if a loan on a vehicle has recently been paid in full. The state allows for paperwork to be submitted online, in-person or by mail.
Transferring Title
After the sale has been finalized, the Assignment of Title section on the back of the title must be completed. In this section, the seller releases ownership to the buyer with a signature, and provides the odometer reading. Buyers complete the requirements for this section with their address and a signature to assume ownership. A bill of sale signed by the seller and the buyer is required to register vehicles with original titles that pre-date June 19, 1989. A notarized bill of sale is required when the title does not include the price and date of the transaction. The bill of sale must be an original provided by the South Carolina DMV.
Releasing a Lien
All liens must be satisfied before a vehicle can be sold. When a vehicle is financed, the bank or credit union will be listed as a lienholder and retain the title either as a paper document or an electronic entry. When a lien has been satisfied on a paper title, the lienholder can release ownership either by signing off on the front of the title or with a letter on company letterhead. The signatory must be an approved official of the lender. The documents then are mailed to the owner. To release a lien on a digital title after the loan has been paid in full, the lienholder sends an electronic message to the DMV, which then mails the title to the owner.
Selling a Car in South Carolina
If you want to sell a car in South Carolina, you'll need to sign the title over and report the transfer to the DMV.
When selling a car in South Carolina, you'll need to sign your title over to the new owner, report the ownership transfer to the DMV, and pay any requisite fees.
You may be wondering if selling a car privately will be time-consuming and complicated, but it's rather simple once you understand the steps to take.
Each state has its own set of regulations and laws for ensuring legal ownership transfer, and if you don't follow them, you could be held liable for the car even after it has left your possession.
Luckily, the car insurance comparison and broker app Jerry is here to break down everything you need to know about selling a car in South Carolina.
What you need to sell a car in South Carolina
If you're looking to sell your car privately in South Carolina, you must sign the title over to the buyer and notify your DMV.
When you sell the vehicle, complete a state Notice of Vehicle Sold (SCDMV Form 416) form and mail it to the appropriate location.
Keep in mind that completing this form does not show a legal transfer of ownership (it's not a substitute for a proper title transfer). This form just ensures that the last registered owner is financially protected until the new buyer completes the transfer of ownership.
Additional fees
Since 2017, private party vehicle transactions in South Carolina are subject to an Infrastructure Maintenance Fee (IMF) in place of a sales tax. The IMF is 5% of the sales price or up to a $500 maximum.
There are exceptions if the vehicle was:
Sold between family members: from grandparents to grandchildren, between cousins, etc.
Inherited or bequeathed
A gift or donation
Purchased by someone in active duty in the military
Remember to pay any requested titling and registration fees during the sale process, too.
Getting a pre-sale inspection
South Carolina does not require drivers to obtain a smog certificate or an emissions test for their vehicles before selling them.
Selling a Car in South Carolina | GetJerry.com
What is the Process of Purchasing a Used Car in South Carolina?
In South Carolina, you'll go through the following steps when buying a used car from a private owner.
1. Find a seller who has the car you like
2. Negotiate a price you both can agree on
3. Schedule a test drive
4. Take care of the paperwork
5. Pay the seller
6. Have the seller sign over the car title
7. Register the car in your name and pay sales taxes and fees
8. Get new license plates
Car Title
Both you and the seller will need to fill out the Certificate of Title thoroughly. Required information includes the following:
• Buyer name and address
• Selling price
• Date of sale
• Odometer reading
• Buyer's signature
• Your signature
Odometer Disclosure Statement
When you are buying a car less than 10 years old, Federal law requires the seller to fill out the odometer reading statement (also called an odometer disclosure) on the back of the car title.
If there is no room left on the title, you can fill out the Federal Odometer Disclosure Statement
https://eforms.com/download/2017/06/Federal-Odometer-Disclosure-Statement.pdf
You can verify the accuracy of the odometer readings the seller enters on the title by checking the odometer yourself. Keep in mind that there are severe penalties for sellers tampering with car odometers in order to provide inaccurate readings.
Vehicle Title Transfer
The essential component of the entire transaction is transferring a South Carolina car title from seller to buyer.
How to Transfer a Title in South Carolina | PrivateAuto
When the seller signs the title and hands it to you, the car is legally yours. There are still some steps remaining for you to take following the title transfer, but you now own the car.
To transfer South Carolina vehicle titles successfully, sellers must complete the Transfer of Title by Seller section on the front of the title certificate and include the name and address of the buyer, odometer information, the selling price, and the date sold.
Zigner
Well-Known Member
If he hasn't transferred the truck into his name, then you need to make sure you've notified the state that you transferred ownership.
zddoodah
Well-Known Member
The guy in the office next to me said that the Earth is flat.
Both are wrong.
Private party auto sales are on an "as is" basis unless the seller gives an express warranty.
Yes. Yes. A thousand times yes.
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