View Full Version : Question about private car sales in Colorado
I've mentioned before, I'm a recent transplant so I don't know how people "do things" here
I sold my car on craigslist and the guy is coming tomorrow to get it. . .
In Massachusetts, I sign the title, write a bill of sale (stating the car is being sold "as is"), and take my plates off the car. The new buyer puts his old plates on the car and has 7 days to get new plates (his insurance covers him from his "old car" for the 7 days also.
So here in CO, I assume, I sign my title, write a bill of sale and pull my plates, correct? and just out of curiosity, can he put plates from 1 car on this one to drive home?
Is there anything I'm missing here?
Oh, and thanks for all the help you guys have been with Colorado specific stuff... so far I have found a contractor from a recommendation here, got the skinny on getting my CCW, found a FFL, found a tax guy, a place to shoot (although the place sucked), a place to duck/goose hunt, and a few restaurants to try out
There is one other thing. Its the responsibility of the seller to get the car smog checked or pass the emissions test prior to selling...
If he has the bill of sale in it he haas like two days to drive with out plates may be one day other than that about the same. I don't think the seller has to get the smog test I thought it was the buyer responsibly to ask
It was smogged in September, does it need to be done again?
I'd double check with the DMV in your county. I stand corrected, not all counties require an emissions certificate...
So, I'd also check on whose responsibility it is to provide it. I know in mine its the seller's...
I think that emission slip is only good for a couple/few months... again, I'd check with the DMV...
I totally understand where its the responsibility of the seller to get it to pass emissions. I was looking to buy an STI, the guy had done all this work to it; CAI, catless downpipe, exhaust, etc.... The thing will not pass emissions. To get it to pass emission would cost a couple thousand to put the catalytic converter downpipe on it, get it tuned to stock, etc....
Byte Stryke
02-01-2011, 23:18
I'd double check with the DMV in your county. I stand corrected, not all counties require an emissions certificate...
So, I'd also check on whose responsibility it is to provide it. I know in mine its the seller's...
I think that emission slip is only good for a couple/few months... again, I'd check with the DMV...
I totally understand where its the responsibility of the seller to get it to pass emissions. I was looking to buy an STI, the guy had done all this work to it; CAI, catless downpipe, exhaust, etc.... The thing will not pass emissions. To get it to pass emission would cost a couple thousand to put the catalytic converter downpipe on it, get it tuned to stock, etc....
The requirement for Emissions is based on the BUYERS Residence.
So if I am Buying a car in a Non-emission county, but I reside in an Emission County, the Seller is still obligated.
I Don't know what where and how your CAI was done, but both of my trucks run K&N CAI And I never have had an issue.
I've mentioned before, I'm a recent transplant so I don't know how people "do things" here
I sold my car on craigslist and the guy is coming tomorrow to get it. . .
In Massachusetts, I sign the title, write a bill of sale (stating the car is being sold "as is"), and take my plates off the car. The new buyer puts his old plates on the car and has 7 days to get new plates (his insurance covers him from his "old car" for the 7 days also.
So here in CO, I assume, I sign my title, write a bill of sale and pull my plates, correct? and just out of curiosity, can he put plates from 1 car on this one to drive home?
Is there anything I'm missing here?
Oh, and thanks for all the help you guys have been with Colorado specific stuff... so far I have found a contractor from a recommendation here, got the skinny on getting my CCW, found a FFL, found a tax guy, a place to shoot (although the place sucked), a place to duck/goose hunt, and a few restaurants to try out
As an old car sales manager, I will tell you that they can only drive without a plate after the sale for 24 hrs. The insurance coverage is based on whatever the insurance company feels like doing, they need to check with their company. You sign the title, get a bill of sale written up, take off your plates, and your end is over with. They cannot drive on any other plates because that is illegal.
It was smogged in September, does it need to be done again?
no, don't bother.
the guy can go get it done himself.
it does say on the dmv that the seller is supposed to give emissions testing with the vehicle. but it passed already, you probably have paperwork to prove it. I wouldn't even bring it up. save the $25.
the car is being sold "AS-IS". leave it at that.
As an old car sales manager, I will tell you that they can only drive without a plate after the sale for 24 hrs. The insurance coverage is based on whatever the insurance company feels like doing, they need to check with their company. You sign the title, get a bill of sale written up, take off your plates, and your end is over with. They cannot drive on any other plates because that is illegal.
I was told by my insurance that they would only cover the vehicle for the 24 hours I have using the bill of sale to get it to my residence or to the dmv to get the plates and get insurance on it.
clublights
02-02-2011, 00:07
There is one other thing. Its the responsibility of the seller to get the car smog checked or pass the emissions test prior to selling...
only true for a DEALER. not a private sale.
sorry man, not true.
http://www.colorado.gov/cs/Satellite/Revenue-MV/RMV/1201542320950
Buyer's Responsibilities:
Check Motor Vehicle Verification System (https://www.colorado.gov/apps/dps/mvvs/public/entry.jsf) to confirm vehicle has not been reported stolen.
Check National Insurance Crime Bureau (https://www.nicb.org/theft_and_fraud_awareness/vincheck/vincheck) to confirm vehicle has not been declared a total loss.
Go to the county motor vehicle office (http://www.colorado.gov/cs/Satellite?c=Page&childpagename=Revenue-MV%2FRMVLayout&cid=1215770304647&pagename=RMVWrapper), in the county in which buyer lives, to obtain a temporary permit.
Buyer must present documents received from the seller (see Seller's Responsibilities below), proof of insurance, as well as Secure and Verifiable Identification (http://www.colorado.gov/cs/Satellite?c=Document_C&cid=1211966065649&pagename=Revenue-MV%2FDocument_C%2FRMVAddLink), to the clerk to obtain the temporary permit.
Seller's Responsibilities:
(Provide the following items to the buyer)
The Colorado Certificate of Title.
If there is more than one owner named on the front of the Certificate of Title, all owners must print and sign their name as seller.
Enter purchase price and date.
After Hours Purchase C.R.S. 42-3-115(2)(b), C.R.S. 42-6-113 (http://www.michie.com/colorado/lpext.dll?f=templates&fn=main-h.htm&cp=); A buyer of a vehicle may operate a vehicle on the highway prior to registering the vehicle when:
The buyer has purchased the motor vehicle within the last 36 hours from a person who is not a licensed motor vehicle dealer.
The vehicle was purchased either on a Saturday, on a Sunday, on a legal holiday, or between 5p.m. and 8 a.m.
The vehicle is being driven from the place where the seller stored the vehicle to the place where the buyer intends to store the vehicle.
The buyer must carry in the vehicle:
A bill of sale that identifies the vehicle by year, make and VIN and shows the time and date of sale and is signed by both the buyer and the seller.
Proof of insurance.
Fill in the name(s) and addresses of the buyer at this time.
Complete odometer disclosure reading and indicator information on the Certificate of Title or it may be disclosed on the DR2173 Motor Vehicle Bill of Sale form which can be purchased through Standard Register at 303-860-8000.
An emissions inspection certificate is required if the buyer lives in an emissions area (http://www.colorado.gov/cs/Satellite?c=Page&cid=1185957917898&pagename=Revenue-MV%2FRMVLayout).
If the title has been branded “Rebuilt from Salvage”, the seller must complete the Rebuilt from Salvage Disclosure (http://www.colorado.gov/cs/Satellite?c=Document_C&childpagename=Revenue-MV%2FDocument_C%2FRMVAddLink&cid=1211966065460&pagename=RMVWrapper). If reason for Salvage is unknown, a vehicle record search (http://www.colorado.gov/cs/Satellite?c=Page&childpagename=Revenue-MV%2FRMVLayout&cid=1220610980199&pagename=RMVWrapper) must be completed to determine the reason the vehicle was salvaged. Note- Seller keeps license plates
now of course half this stuff really never gets done. I won't bother with an emissions when I am selling a car "as-is".
cars get driven for longer than the 36 hours (I thought it was 24) without getting the temp.
What he said.^^^^
I cant find anything saying what recourse the buyer in a private sale has if car does not pass emissions. I also cant find where it says private party cars don't require the seller to provide emissions. I have sold 4 cars in the last 2 years and only provided emissions certificate once because the buyer demanded it to complete the sale. All of them were in good shape and I never heard back from any of the buyers.
Respectfully; if you re-read my original post, the list of mods was not just a CAI, but a "cat-less down pipe" along with other mods that modifies the emissions. Retuning the ECU along a complete exhaust system from the turbo back, defeats or removes a majority of the emissions passing hardware.
With regard to the other comments stating to just sell "as is". I don't think that statement absolves you from ensuring the car when sold can pass the emissions test based on the rules as quoted from the DMV. As a private party sale, there are no implied warranties, so any sale is "sold as is".
Also, even if you have the emissions test from Sept. I'd double check it. There is a date on it that states how long its good for... You may have to redo it...
Just my .02....
The requirement for Emissions is based on the BUYERS Residence.
So if I am Buying a car in a Non-emission county, but I reside in an Emission County, the Seller is still obligated.
I Don't know what where and how your CAI was done, but both of my trucks run K&N CAI And I never have had an issue.
JohnTRourke
02-02-2011, 08:42
The seller is required to do the emissions test. if the buyer doesn't demand it, that's the buyer's fault. But the buyer is buying a car that they expect to register and you can't register it without an emissions slip. And just because it passed 2 months ago, doesn't mean it passes now. (BTW, diesels are tested here and it's expensive for a diesel)
The title functions as signing the title, the bill of sale and the odometer disclosure, you don't actually need a bill of sale unless you want to. You don't have to get it notarized.
do the deal at a bank.
Get cash, checks are worth nothing nowadays thanks to the nigerians.
Since this thread was bumped again, thanks Bowtie, I thought I should add something about insurance.
If you buy a new car to replace a car that was on your policy, your insurance will automatically cover that car for the first 30 days; at the same coverage your last car had. So if you had a beater with only liability, then financed a car (finance companies require that you carry full coverage), and forgot to tell your insurance company, and got into a wreck before you could update your coverage, you only have liability on the car you just purchased.
I don't know how to handle plate transfers though.
If the buyer does not ask for smog, it's their responsibility.
Technically it's the sellers responsibility. If you're worried put it in the bill of sale that vehicle is sold as is
Dalendenver
06-21-2011, 14:14
No need to put "as is" in the bill of sale, Colorado state law is that all used cars are sold as is.
The requirement for Emissions is based on the BUYERS Residence.
So if I am Buying a car in a Non-emission county, but I reside in an Emission County, the Seller is still obligated.
I Don't know what where and how your CAI was done, but both of my trucks run K&N CAI And I never have had an issue.
No cat = No pass. Somehow my catless STI passed, I'm guessing the 'inspector' thought the resonator was a high flow cat because I saw her look, that or she plain didn't give a ****.
Great-Kazoo
06-21-2011, 19:02
Since this thread was bumped again, thanks Bowtie, I thought I should add something about insurance.
If you buy a new car to replace a car that was on your policy, your insurance will automatically cover that car for the first 30 days; at the same coverage your last car had. So if you had a beater with only liability, then financed a car (finance companies require that you carry full coverage), and forgot to tell your insurance company, and got into a wreck before you could update your coverage, you only have liability on the car you just purchased.
I don't know how to handle plate transfers though.
Yes & No. The finance Co will not let you take a vehicle off the lot w/out full coverage. What the salesman and finance guy does is another story.
Regarding a "private / non dealer sale" as is is As Is. However selling with a current (say 24 hours) for the benefit of selling the vehicle is a bonus.
my ins rep says 24 hours or enough time to transport vehicle from point A to your residence is covered AS long as you have BOS and Title in your possession. I carry an ins card from one of my other vehicles to show i have ins coverage. A LE can amd might possibly impound the car w/out proof of ins.
YMMV
I once paid a claim for a lady that purchased two trucks and daisy chained all three trucks home. She was driving an F-250, and purchased another F-250 and an F-350. Behind her F-250, she had the new F-250 being pulled by a chain, and behind the middle truck (new F-250) she had the F-350 on a flat bed trailer. On the way home, on the highway, the middle truck blew a tire, caused the whole set-up to loose control and roll all three trucks. Everything was covered but the trailer.
That lady was crazy.
And, the registration stays w/the seller...they send it in to the DMV as a notice of sell.
Great-Kazoo
06-23-2011, 18:55
And, the registration stays w/the seller...they send it in to the DMV as a notice of sell.
since when? i have never sent or been asked by DMV for verification of sale. All i do is notify my ins agent as soon as i sign the title over and do not renew the plates, they stay with me.
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