Sales agreement limiting builder liability

Maxvision

Maxvision

New Member
To all you builders out there,
Have any of you felt the need for or already have a contract your buyer would have to agree to and sign which releases you (the builder) from any and all liability resulting from or during the use of the vehicle you built?
 
Warning: If you use a disclaimer have it checked by an attorney and make sure you are absolved of any and all liability. The laws might vary from state to state and even with such a document you'll want to make sure you cannot be found at fault in the event someone is injured on a bike that you built.

This is dangerous grounds, guys. There are a lot of hungry lawyres out there just waiting for a case where they can prove negligence on your or someone's part. Protect yourself. Seek the advice and approval of a legal professional. He/she might charge for the service but it could save you big headaches down the road.

Tom
 
My son is an attorney, and I'll speak to him about this over lunch tomorrow. I'm also talking to him about helping me get some motorized bicycle laws ammended here as well.
 
The liability part is why I "helped "build four bikes for friends, since they were present and were working along side me it was their build.
 
Otto said:
My son is an attorney, and I'll speak to him about this over lunch tomorrow. I'm also talking to him about helping me get some motorized bicycle laws ammended here as well.
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Thank you OTTO!
'S'quze my igorance but what's a motorized bicycle law?

Greg58 said:
The liability part is why I "helped "build four bikes for friends, since they were present and were working along side me it was their build.
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Good way (maybe) to get around it Greg. I'm not so lucky on this build. The buyer is the kinda guy that, if you gave him a screw driver he'd probably stick it in his eye.

The guy drinks (ahem) a bit. Also found out he crashed one bike he bought from someone who put it together. His story is the front forks broke. He's going after the builder for pain/ suffering and the $200,000 doctor bill for peeling his face up, repairing the face bones and putting his face back on.
 
Maxvision said:
Thank you OTTO!
'S'quze my igorance but what's a motorized bicycle law?


Good way (maybe) to get around it Greg. I'm not so lucky on this build. The buyer is the kinda guy that, if you gave him a screw driver he'd probably stick it in his eye.

The guy drinks (ahem) a bit. Also found out he crashed one bike he bought from someone who put it together. His story is the front forks broke. He's going after the builder for pain/ suffering and the $200,000 doctor bill for peeling his face up, repairing the face bones and putting his face back on.
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Your going to build a bike for someone that has already crashed a bike and is suing another builder. On top of that, you know the guy has a drinking problem. Boy, you sure like pain and suffering yourself with that situation.

Good Luck,

Chris
AKA: BigBlue
 
BigBlue said:
Your going to build a bike for someone that has already crashed a bike and is suing another builder. On top of that, you know the guy has a drinking problem. Boy, you sure like pain and suffering yourself with that situation.

Good Luck,

Chris
AKA: BigBlue
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I am with Chris on this one.... It's not worth it....
 
i agree, that guy doesn't deserve a bike. besides the drinking problem, if he's already suing someone over a bike, i'd stay far away from a guy like that.

all the bikes i've sold, i make sure i'm selling them to reasonably competent people. i also tell them they're dangerous, prone to breakdowns, and sold as is. i explain all the laws, and tell them i've got no money anyway, so suing me won't get them much.

not exactly legally binding, but since it's a private sale, and i don't represent myself as a company, my buyers know they'd be better off suing the city over potholes or whatever the cause of a crash could be.

i also don't sell junk bikes. every one i've sold has been ridden by me for a while, and i wouldn't sell anything i didn't have faith in.

there's an old guy i run into all the time who's offered me some pretty outrageous prices for my bikes (he offered me $2500 for my burgandy 24",) but he lost his license due to poor vision, a heart condition, and for just being old.

despite me telling him he still needs a license for a gas bike, he keeps bugging me.

i'll never sell him a bike, and told him to buy an electric from the store.

also, i've de-tuned and regeared a few bikes to slow them down, 'cause i'm hesitant to put a 40mph+ bike in a strangers hands.

i also think a waiver or disclaimer might cause more trouble. it gives the impression that you actually know what you're doing, and a good lawyer would probably rip you apart if any accident was due to any part on the bike failing, that you, as an "expert," shoulda known about.

good luck...
 
Ya stay away...If you feel the need or need the cash bad.Leave off pedals ,handlebars, seat,front tire,etc. and sell it as a parts with a sold as is signed by both parties.Or STAY AWAY
 
Maxvision said:
Thank you OTTO!
'S'quze my igorance but what's a motorized bicycle law?


Good way (maybe) to get around it Greg. I'm not so lucky on this build. The buyer is the kinda guy that, if you gave him a screw driver he'd probably stick it in his eye.

The guy drinks (ahem) a bit. Also found out he crashed one bike he bought from someone who put it together. His story is the front forks broke. He's going after the builder for pain/ suffering and the $200,000 doctor bill for peeling his face up, repairing the face bones and putting his face back on.
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I wouldn't sell that guy ANYTHING bicycle related. You're asking for trouble here bro. If he already paid you, give his money back. If he didn't, walk away. Or build the bike and wait for someone to serve you, cause its gonna happen.
 
i am a licenced automotive technician.i pick and choose whose vehicles i work on at home.for me to build a bike for someone is out of the question.they could purchase the bike and motor and as a favour i might assemble it for them.for a price.bill of sale for bike and motor should have their name on it.the rest is cash -no reciept.

the manual that came with my kits has a disclaimer naming me as the vehicle manufacturer-in not so many words.
somehow the responsibility needs to fall on the end-user.
 
In too am interested in the legality of building/selling motorized bicycles to people as an individual.

One way around the liability issue might be to have a contract where the buyer agrees that he owned the bike and he's merely paying you to install the motor kit for him/her. I'm not a lawyer, but that seems like one avenue to go. The statement wouldn't have to be true so long as the buyer agreed to state it's truth via signing the contract. Of course I would make this abundantly clear to whoever I'd be selling to. I'm not interested in screwing people over.
 
Mozenrath said:
In too am interested in the legality of building/selling motorized bicycles to people as an individual.

One way around the liability issue might be to have a contract where the buyer agrees that he owned the bike and he's merely paying you to install the motor kit for him/her. I'm not a lawyer, but that seems like one avenue to go. The statement wouldn't have to be true so long as the buyer agreed to state it's truth via signing the contract. Of course I would make this abundantly clear to whoever I'd be selling to. I'm not interested in screwing people over.
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The sad thing these days is that you can be absoutly right, but if some sleazly lawyer sues you it will cost you a lot of money just to prove it. Cash, no reciept, and no witnesses is the only way to go.
 
Unfortunately, that would also mean that craigslight would be a no-go, since everything would be on record.

I'd rather get a contract to protect me, but contracts don't really mean what they used to mean. I could have someone sign a legal waiver saying that they agree that the bike I'm selling them is a death trap, and they could still probably sue me in spite of their negligence.
 
The only way would be to have them sign a contract saying that you're selling it as art and its not intended for actual use. You could build it, and disconnect a few things such as the clutch lever and some wiring to make it "non-operational" and take pictures of it, and if the buyer hooks everything up to make it operational, that goes against your contract and you're not liable. It also automaticaly makes them the end user/manufacturer, since they are the one that actually made it operational.
 
bigbutterbean said:
The only way would be to have them sign a contract saying that you're selling it as art and its not intended for actual use. You could build it, and disconnect a few things such as the clutch lever and some wiring to make it "non-operational" and take pictures of it, and if the buyer hooks everything up to make it operational, that goes against your contract and you're not liable. It also automaticaly makes them the end user/manufacturer, since they are the one that actually made it operational.
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that clever bbb!!...also im interested to hear what otto and his son have to offer
 
My son is looking over the form that was linked early in this thread. He did say that first paragraph is still too vague, but a release can be written to protect the builder. It just has to be very specific. Hopefully, I'll have more info soon. He's very busy right now, and will be in El Paso and Houston most of next week.
 
Otto said:
My son is looking over the form that was linked early in this thread. He did say that first paragraph is still too vague, but a release can be written to protect the builder. It just has to be very specific. Hopefully, I'll have more info soon. He's very busy right now, and will be in El Paso and Houston most of next week.
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It's OK Otto, my dad has his Juris Doctorate and a is a member of the U.S. Supreme Court Bar and I couldn't get him to help either...

Fugi93, "Cash, no reciept, and no witnesses" is a good idea unless you built something that you'd like to have bragging rights to.
 
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