Hardcore Sledder banner
1 - 20 of 53 Posts

·
Registered
Joined
·
80 Posts
Depends on the state you live in as most have their own laws in areas such as this. Generally the more liberal the state the more protection offered to the buyer. Might as well disclose it in writing as most sled buyers have brand loyalty as will not care.
 

·
Registered
2022 Polaris Indy XC 650 137...2017 Ski-Doo renegade 900...
Joined
·
240 Posts
I got an idea the lawyers could get very rich on this if you sold a sled and it caught fire and did damage... You are still selling a known defective sled... But not knowing what any of the laws are regarding this...this was only a guess...
 

·
Registered
Polaris '20 INDY 550 Adv 144 / Polaris '23 Switchback 650 XC 144
Joined
·
40 Posts
Not sure how they could pin it on you specifically when fix/parts aren’t available.
While the specifics can and do vary by state, as a general principle there is liability for selling an item with known defects than may cause bodily harm. Frankly, as it should be. Which is why disclosure of the recall and acknowledgment that it is AS IS sale covers off that liability.
 

·
Registered
Joined
·
1,416 Posts
There is no liability. What if someone buys a sled and crashes it into a tree... is that the seller's fault? No, that would make no sense.

In Michigan it's always BUYER BEWARE when buying used items unless there is a specific disclosure statement such as you might see when selling a house.
 

·
Registered
Joined
·
48,447 Posts
While the specifics can and do vary by state, as a general principle there is liability for selling an item with known defects than may cause bodily harm. Frankly, as it should be. Which is why disclosure of the recall and acknowledgment that it is AS IS sale covers off that liability.
If a dealer yes, they are insured as a business open to the public. They are liable for anything they sell or work on. A private sale is not.
 

·
Registered
Polaris '20 INDY 550 Adv 144 / Polaris '23 Switchback 650 XC 144
Joined
·
40 Posts
If a dealer yes, they are insured as a business open to the public. They are liable for anything they sell or work on. A private sale is not.
There is no such clear/simple carve-out in most state's tort laws.

But in this case, it is a non-issue, as any non-jerk would point out the recall to a buyer, and any reasonably intelligent seller sells this type of used stuff AS IS. And done like this, hard to see any liability being retained.

Also, FWIW, for the average person the costs of successfully defending a lawsuit are just as financially debilitating as losing one, so best to stay as clean as possible at the start to minimize being a target. Why have something bad happen and give the other guy's lawyer something to hang his hat on? Disclose recall, sell AS IS, have both facts on a piece of paper with the buyer's John Hancock - life can be simple if we let it be.
 

·
Registered
Joined
·
1,244 Posts
I want to say the stop ride letter says something about notifying the the new buyer within 10 days of receiving the notice IF you sold your sled. dont have It in front of me to check....I would not want to bet against ( worst case senecio) if you ride it and it happens or your hurt knowing there is a stop ride your balls are in a vise.. thus the letter.
 

·
Registered
Polaris '20 INDY 550 Adv 144 / Polaris '23 Switchback 650 XC 144
Joined
·
40 Posts
I want to say the stop ride letter says something about notifying the the new buyer within 10 days of receiving the notice IF you sold your sled. dont have It in front of me to check....I would not want to bet against ( worst case senecio) if you ride it and it happens or your hurt knowing there is a stop ride your balls are in a vise.. thus the letter.
There is no way they can require you to forward to prior buyer and no way general public buyer is liable for defects they were not aware when they sold.
 

·
Premium Member
MY21 650 SBA 146, ES, ICE Storm 1.5
Joined
·
7,324 Posts
There is no way they can require you to forward to prior buyer and no way general public buyer is liable for defects they were not aware when they sold.
Why would you forward to prior buyer?
 

·
Registered
Joined
·
629 Posts
There is no way they can require you to forward to prior buyer and no way general public buyer is liable for defects they were not aware when they sold.
He misread the letter, there's language in there reminding leasing companies that Federal law requires they have to forward the notice to the lessee within 10 days of receipt. The leasing company is the listed owner, so they get the notice.
Granted no one leases a snowmobile but the language is in their standard form letter now for other vehicles they sell.
 

·
Registered
Joined
·
1,089 Posts
IT.. and I , NEVER SAID YOU ARE REQUIRED! this is how rumors get started😁
Well what it says about that is it's a federal law that the lessor forward a copy of the recall letter within ten days to the lessee. It also said if some contact info is not correct or you sold the sled to contact the dealer and let them know.
 
1 - 20 of 53 Posts
Top