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Discussion Starter · #1 ·
I was wondering if anyone has any information concerning the legal liability a person assumes when building a kit car. I would very much like to build the FF roadster. In fact, I had made the decision to ahead, but there is one major concern that still prevents me from ordering the kit.

Eventually, I would want, or need, to sell the car. As we all know, in our society, whenever some event happens that results in someone getting hurt, or worse, a law suit usually results. If something breaks in a Ford that causes an accident, Ford may very likely get sued.

Ford has product liability insurance. I assume that Factory Five also has product liability insurance and so do the numerous suppliers of parts. The builder of the kit (that would be us) does not.

As the original builder of the kit, is correct to assume that one could potentially be named as a defendant or co-defendant (along with FF and/or others) in a law suit resulting from a problem with the car, even if that happens 3 owners and ten years from now?

I really want to build this car, but until I can resolve this issue I can’t (and the $1,000 discount expires on the 31st!)

I would appreciate anyone’s comments. Any lawyers out there?
 

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FFCobra Craftsman
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2,736 Posts
Not a pretty picture. I brought this up on the other forum and it brought over 150 hits. As far as I can tell building a kit car makes you a "car manufacturer"! As such you are liable for everything and anything any yahoo might do. Some people have had purchasers sign a release of liability. Some builders pull the engine and say they are only selling parts. Others have formed corporations that have no assets that own the kit car and in turn sell. The corporation has no assets so there is nothing for the estate to grab. Very sensitive topic which alot of people just as soon ignore!
Later
Bill
 

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FFCobra Craftsman
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767 Posts
Is it possible to have a contract signed when selling the car taking away all rights of the buyer to sue the seller?

-steve in nj-
 

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Senior Charter Member
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3,613 Posts
I plan to drive MARIAH into the ground.
Then they can bury me in it.
In the mean time...I want to have some fun.
Sadly...your's is a real problem.....
 

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Senior Member
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6,546 Posts
If you sell someone a screwdriver and they stab someone with it..the victim COULD sue you. You should have known, ya know.
 

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Just Glad to be here - back to working on the car
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Actually it is possible to sell the car with a total assumption of liability by the buyer and a clause in the sales contract that passes the responsibility on to any future owners. My ex partner in a plane was a Norton-Frickey lawyer and we had many long discussion about this topic and some of the rafting and hang-gliding things I built and sold. He showed me a contract that sells something to the buyer along with all responsibility for the use of the product. They have a choice of either using the product and taking responsibility or letting it sit there and decompose and taking no chances.

If you are really woried aabout this see a lawyer when you are ready to sell the car. In the mean time build it and enjoy it.
 

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i was reading about someone in new zealand (while i was there, naturally) that got 4 years in prison cuz his wheel feel off a modified car and killed a kid.

i dont think any liability release will protect you against a gross negligence suit (or indeed, a nuisance suit). having this car is like having a dangerous and deadly dog.

stay inside and lock the doors!

-james
 

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I know we have some attorney types out there - maybe someone could come up with some standard "boiler plate" type language for a sales contract and we can add it to th FAQ?
 

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A friend built this car for GRM's $2003 Challenge. He has to sell it, but here's a quote from the ad. Check out the car. It's awsome.

legal stuff--car is sold as is--buyer reponsible for transportation except for above--if you bid--you buy---$1000 deposit to be to me in 3 days--the rest on delivery buyer to sign a paper stating he will completely disassemble and reassemble the car to his satisfaction before driving the car the first time(once the paper is signed-I am COMPLETELY absolved of any responsibility then.....)
http://cgi.ebay.com/ebaymotors/ws/eBayISAPI.dll?ViewItem&item=1874926636
 
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