Discuss: Used Wheel and Tire Liability

GreenPlease · 12-20-2009, 09:23 PM

So I recently tried selling my OEM 189s with tires here on the forums: http://www.e90post.com/forums/showthread.php?t=332883

I had immediate interest from three buyers (thanks guys, sorry again) but I ran into a snag: a friend of mine who happens to also be my attorney advised against selling the wheels and tires. He told me that if a tire blew out or a rim cracked and failed, for whatever reason, and the buyer got in an accident I could be liable.

Thoughts? Frankly, I'm a believer in buyer beware. Perhaps we could post up a boiler plate liability release in the private/for sale forum?

Tee-Dub · 12-20-2009, 09:30 PM

Maybe over thinking the whole issue? Everything in this messed up country of ours could carry "liability". Pretty sure most people assume things are bought in "as-is" condition when purchasing used, unless otherwise stated or in the event the item was grossly misrepresented.

I'd sell your wheels and move on with life.

kgb1637 · 12-20-2009, 09:32 PM

Whoa, I've never heard that, and if that was true, then whats to differentiate that when you sell a car, boat, motorcycle that hurts someone?

noro · 12-20-2009, 10:16 PM

I call bull _shit on your friend.

e60_M5_2020 · 12-20-2009, 10:41 PM

I'm interested to see regs or case law that your lawyer is basing the advice.

The only disclaimer on a message board that I've ever seen has been for selling firearms, and the point of it was to announce to the world that the sale would be made IAW state and federal regulations. I believe this was done to protect the board, not the sellers.

Anyways, I prefer buying from private sellers on the basis of good faith and fair representation, i.e., the assumption a seller is disclosing known defects or impairments. If a seller wants to make a sale that violates those principals, they deserve the legal consequence. If you're selling something person to person and it requires pages of disclaimer, NO THANKS! Leave that stuff to Bank of America and BMW financial.

cb1111 · 12-20-2009, 10:57 PM

What a crock.

While your friend may be technically correct, the same holds true for anything that anyone might sell.

Why does your friend believe that a wheel is any different from a toaster?

With any used item, there are two expectations:

The seller describes the product accurately
The buyer is purchasing as-is

GreenPlease · 12-21-2009, 09:04 AM

^I agree with you guys but honestly, how could I tell if there's a micro-crack in the rim or an internal defect in the tire? I can't see anything and the wheels/tires ran fine on my car but who knows... what if they're damaged in shipping and then the buyer gets in an accident? Is it my fault then?

I'm ultra-paranoid about liability because I was sued a couple years back. A fat woman tried to take a short cut to one of my centers from her office building by cutting through some bushes. She fell and broke her arm and then sued me saying that I had not properly maintained a "walkway" and she won!

cotmfk · 12-21-2009, 10:10 AM

Ridiculous. People sue over anything now. I can understand your paranoia. Still, I think you should be okay selling them. Like someone said, just state "as-is" in your for sale thread.

12-20-2009, 09:23 PM	#1
GreenPlease Lieutenant Colonel 146 Rep 1,629 Posts Drives: BMW 335i e92 Join Date: Feb 2008 Location: Orlando Florida iTrader: (2)	Discuss: Used Wheel and Tire Liability So I recently tried selling my OEM 189s with tires here on the forums: http://www.e90post.com/forums/showthread.php?t=332883 I had immediate interest from three buyers (thanks guys, sorry again) but I ran into a snag: a friend of mine who happens to also be my attorney advised against selling the wheels and tires. He told me that if a tire blew out or a rim cracked and failed, for whatever reason, and the buyer got in an accident I could be liable. Thoughts? Frankly, I'm a believer in buyer beware. Perhaps we could post up a boiler plate liability release in the private/for sale forum? __________________ Cars>Women
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12-20-2009, 09:30 PM	#2
Tee-Dub Captain 38 Rep 753 Posts Drives: 2008 135i Join Date: May 2009 Location: Vancouver, WA iTrader: (9)	Maybe over thinking the whole issue? Everything in this messed up country of ours could carry "liability". Pretty sure most people assume things are bought in "as-is" condition when purchasing used, unless otherwise stated or in the event the item was grossly misrepresented. I'd sell your wheels and move on with life.
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12-20-2009, 09:32 PM	#3
kgb1637 Lieutenant Colonel 21 Rep 1,519 Posts Drives: RS5 Join Date: Sep 2008 Location: Baltimore, MD iTrader: (0)	Whoa, I've never heard that, and if that was true, then whats to differentiate that when you sell a car, boat, motorcycle that hurts someone? __________________ Retired - '08 E90 335i Sparkling Graphite/Gray Dakota Leather, ZSP, ZCW, ZPP, Navi, ipod, Sat
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12-20-2009, 10:16 PM	#4
noro Colonel 90 Rep 2,707 Posts Drives: '91 M3, '04 E46 ZHP, '72 2002 Join Date: Aug 2006 Location: Boston iTrader: (0)	I call bull _shit on your friend. __________________ zhpregistry.net - ZHP stats and free classifieds.
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12-20-2009, 10:41 PM	#5
e60_M5_2020 Private First Class 24 Rep 150 Posts Drives: MB C Class Join Date: Aug 2009 Location: Boston iTrader: (0)	I'm interested to see regs or case law that your lawyer is basing the advice. The only disclaimer on a message board that I've ever seen has been for selling firearms, and the point of it was to announce to the world that the sale would be made IAW state and federal regulations. I believe this was done to protect the board, not the sellers. Anyways, I prefer buying from private sellers on the basis of good faith and fair representation, i.e., the assumption a seller is disclosing known defects or impairments. If a seller wants to make a sale that violates those principals, they deserve the legal consequence. If you're selling something person to person and it requires pages of disclaimer, NO THANKS! Leave that stuff to Bank of America and BMW financial.
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12-20-2009, 10:57 PM	#6
cb1111 I ask the questions you're afraid to ask. 44 Rep 2,489 Posts Drives: 335xi Join Date: Sep 2009 Location: DC iTrader: (2)	What a crock. While your friend may be technically correct, the same holds true for anything that anyone might sell. Why does your friend believe that a wheel is any different from a toaster? With any used item, there are two expectations: The seller describes the product accurately The buyer is purchasing as-is
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12-21-2009, 09:04 AM	#7
GreenPlease Lieutenant Colonel 146 Rep 1,629 Posts Drives: BMW 335i e92 Join Date: Feb 2008 Location: Orlando Florida iTrader: (2)	^I agree with you guys but honestly, how could I tell if there's a micro-crack in the rim or an internal defect in the tire? I can't see anything and the wheels/tires ran fine on my car but who knows... what if they're damaged in shipping and then the buyer gets in an accident? Is it my fault then? I'm ultra-paranoid about liability because I was sued a couple years back. A fat woman tried to take a short cut to one of my centers from her office building by cutting through some bushes. She fell and broke her arm and then sued me saying that I had not properly maintained a "walkway" and she won! __________________ Cars>Women
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12-21-2009, 10:10 AM	#8
cotmfk Major General 2150 Rep 6,177 Posts Drives: M3 Join Date: Mar 2009 Location: Somewhere between DC and FL iTrader: (12)	Ridiculous. People sue over anything now. I can understand your paranoia. Still, I think you should be okay selling them. Like someone said, just state "as-is" in your for sale thread. __________________ When you say impact instead of affect/effect, you are communicating that you don't understand the difference between the two words, and are too lazy to learn.
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