Private Party Prenuptial

For those of you who are on your way to purchase a private party vehicle, it is wise to remember that you are buying a vehicle "as is", unless... You bring a Private Party Prenuptial with you.

This little piece of paper can be written out buy hand in a quick moment and becomes a legal document the moment it is signed and dated by both the seller and the buyer. It is exactly as the title makes it out to be. Just like a Prenuptial agreement that you might sign before marrying a person.

Make sure to take this with you every time you go to purchase a private party vehicle and you will protect yourself from being cheated.

Private Party Prenuptial

I the seller voluntarily sign this Prenuptial and have given all of my available knowledge truthfully to the buyer.

Please circle the following:

-This vehicle is in running and driving condition yes no

-This vehicle's title is clear, currently in my name and in hand? yes no

-This vehicle has issue that will need repairs now? yes no

-This vehicle will drive to its new destination without problems yes no

-Are the tabs current yes no

-How many miles are on this vehicle:

-License Plate and Vin #:

Please write down any major and minor mechanical or electrical issues that you are aware of or think this vehicle might have:

I the seller believe that this vehicle does not have any other issues that are not listed to my knowledge, I have given the seller my best knowledge as to whether or not this vehicle should make it to its desired destination or if it needs to be towed. If I have told the buyer it will run and drive to its new destination, I agree to offer full refund within 5 days should the vehicle not make it to its destination, and/or should the buyer seek the refund.

I also agree to offer the buyer a full refund within 5 days of buying the vehicle, for whatever reason, and at least a half refund in the instance that a breach of this agreement can be proven within 30 days of the sale date. A breach of this agreement can only be found if it is undeniable that the vehicle had a prior condition that they did not make the buyer aware of either in this agreement. This can include but is not limited to: the vehicle breaking down on the drive home, or not starting up the day after.

I the Seller agree not to spend the money from the sale of this vehicle until after 5 days has passed and the buyer has not asked for a refund. I further agree not to spend half of the money from the sale of this vehicle until 10 days has passed from the sale date incase the buyer seeks a half refund.

As the Buyer, I agree to notify the seller within 2 days if there is a need for a refund and return of the vehicle. I will return the vehicle in the condition I bought it in with the exception of any conditions that are believed to be pre-existing and were not omitted by the Seller. I agree that if I do not call the buyer within 5 days of requesting a full refund, and that I do not hold legitimate proof of pre-existing conditions (whether or not the seller knew about them) that I will opt out of being eligible for a full refund. I the Buyer agree that if I do not call the Seller within 10 days of asking for a half refund with proof of breach of this contract, that I void my eligibility to receive a half refund.

*Half Refund: Half of the cash price the vehicle was sold for

I the buyer agree not to bring the car back with any conditions that it did not come with, and that can not be proven to be caused by my actions by a certified mechanic. If I should bring this vehicle back without proof that it has pre-existing conditions I was not made aware of, and/or it can be proven that certain problems were caused by my own actions, the seller can fine me up $100 and keep the money from the sale of the vehicle.

-Sale Price of the Vehicle: $ .

-Year/Make/Model of the vehicle being sold:

I The Seller:

Signature: Today's Date:Print Name:

I The Buyer:

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

The Intent of this Prenuptial is to protect both the buyer and the seller, but is towards the interests of the buyer. It is meant to be used for good, and if you choose to use it for evil, the karma will get you in the end.

*This Prenuptial is most useful with a running driving vehicle.

Please remember that when you use this Prenuptial, it is also good for you to bring a disposable camera so that you can take pictures of the vehicle before you drive it away. Get as many as you can in front of the seller so that they will know you have them. If they decide to take pictures to, by all means, let them do it before you leave.

Make sure you get the address and phone number of the seller so that you can contact them if you need to.

Taking this Prenuptial with you will help make sure you don't drive away with a vehicle that is held together by duct tape and strings.Signature: Today's Date:Print Name:

*Remember! The Seller is not required in any way to sign this or any variation of this agreement. But you also don't have to buy that vehicle if they don't want to sign, and if they wont sign, your probably better off anyways.

*Help Hint: In most US states, you have up to one year to make a claim in small claims courts against a seller for lying to you about the condition of the vehicle they are selling you, or selling you a lemon even if they didn't really know, however, if you do not have a written agreement to attest to this, then the sale is considered "As Is", which implies no warranties, refunds or returns. This means that even if they did lie to you, or they didn't tell you something about the car, they can get away with it!

Write out your own Private Party Prenuptial today and use it as your own personal legal aide when you go to purchase your next private party vehicle.

*I hold no guarantee's as to the legal stature of this agreement if it is altered or customized to your own liking. Please consult legal counsel if you want to make sure it is sound, and/or if you have changed or not put some part of it into your own agreement.

It is up to you to uphold this agreement along with the seller, and it is not 100%, but it will show a judge in a courtroom that you took the necessary steps to protect yourself, and it will hold the seller responsible should they sell you a junker without telling you.

Good Luck to You! And Happy Buying!

~Your Friendly Neighborhood Mechanic