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Selling to the public - do you sign anything?

stubnail67

stubnail67

Addicted to ArboristSite
Joined
Sep 6, 2010
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2,487
Age
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fla
Do you start the saw when he
1st showed up to buy it?
Yes of course when i sold them.... I would show them how to properly start it let them start it and do whatever within reason if they bring a log or compression gauge even take the muffler off... I do that so as if i break a bolt it's on me... Even though would already have done it prior to fixing and selling.....
 
toymaker

toymaker

ArboristSite Lurker
Joined
Apr 30, 2019
Messages
12
Age
46
Location
Ohio
Question,

If we sell a hot saw(ported) to a buyer with no saw experience, let’s say he won’t admit he has no saw experience are we liable if he gets hurt with it? Maybe no bill of sale is good in this situation? Or need a not responsible clause in the bill of sale.
Short answer. No

Longer answer...its very much state specific (and regionally in many states) - but no state has a specific LAW on saw sales. Selling a "performance enhanced" saw is no different from selling any other powerful tool or other item (i/e vehicle).

Replace saw with tractor for example, or ATV/off road bike. None of these require license for off road use...but all require a reasonable degree of due care in use and operation. Unless you have reasonable belief that the buyer cannot meet that level of care/safety (i/e they are obviously intoxicated or clearly not capable of understanding) you are under no obligation to tell them what they CAN or CANNOT DO with their money or purchase. Buyers have full right to act a fool and sellers are under no obligation to stop them.

Now, could you be sued after a sale goes bad...absolutely. People sue for frivolous reasons every day...but very few win outright. The courts see through most of these cases instantly.

Reasonable questions eliminate almost any claim buyers have...offering to show safe operation, do you have any questions, common sense things. If a buyer says they understand - your job isnt to act as examiner to confirm this.

Standard disclaimer: the above is not intended to be legal advice and is for general information only. As always, for specific cases consult a local legal professionals.
 
EchoRomeoCharlie

EchoRomeoCharlie

ArboristSite Guru
Joined
Jan 23, 2019
Messages
510
Age
33
Location
Midwest
Nothing written will hold up in a court of law so if you ask me you're better off not having anything at all.

I sell on ebay all the time because they offer protection. When something is advertised as is there, it WILL hold up in a court of law.
What? Written contracts won't hold up in court?

I strongly disagree with that statement.


I've seen VERBAL contracts hold up in court. Written contracts are much more straight forward to deal with. I have several judges in my family/friends circle.
 
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