Should we be getting a disclaimer signed? Probably soooooooo


 
J

JimV

TVWBB All-Star
I dont sell a ton of grills but I do have a few out there. Most all of us on this forum do a very nice job of making our grills safe by installing new parts and cleaning etc. Wouldnt it make sense to have a Craigslist buyer sign a quick form of some sort that states.......

I understand this is a used grill and it needs to be maintained.
Seller has shown me how to operate the grill
No gas leaks found at time of sale
It is buyers responsibility to not operate if a leak occurs or they smell propane gas

blah blah blah.....u know what I mean. I show every buyer how to operate the grill. I always stress the safety points and what to check for. But I think it would be a good idea to have some kind of CYA form signed at the time of the sale....do any of u guys do this?
 
Maybe but sadly it just shows how badly our society has deteriorated. I saw a blurb on Facebook IIRC. Poking fun at the Gen X and later. "you think you're so smart" but back in the day the owner's manual for your car gave instructions on fully maintaining your car (tuneups, valve adjustments and so on) Today they warn you not to drink the battery acid. Mull on that
 
I can appreciate and respect your concerns. If memory serves, I recall some here indicating that they provide a copy of the owner's manual with the sale of their Weber units.

I'm obviously not an attorney but if you are concerned enough to want a Buyer's Agreement then it may be of value to seek professional insight. There could be several legal loopholes in the example you shared, and some folks will not be willing to sit around for you to offer evidence of the working condition of the unit. It might be better to be more generic and to not obligate yourself (i.e. Seller demonstrating to Buyer how to operate the grill). Here's an excerpt from an online Agreement, whose applicability and validity I cannot speak:

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In my feeble mind--especially in this day and age--it may be better to not have any Agreement than to have a poorly-executed document where you are not protected.
 
Just the fact that you offer any kind of warning or disclaimer indicates that you feel there is a significant risk in using the product....which will ultimately be used against you if that time comes.
Probably better to just say "hey, I just sold him a grill, like thousands of people do every day across the country".
 
LOL, Terms and Conditions - the worst part of selling or buying anything.

Option 1, the sellers conservative approach - Take cash payments only. Remove serial # and all fingerprints from grill. Have customer drop payment in a garbage bag with unmarked bills. Have them pick up rehabbed grill in dark alley 3 miles east of cash drop point. Use burner phones and an alias to make all arrangements.... ;)

Option 2, the relaxed approach if the customer passes the "Are you cool, man?" test. In which case have them venmo you the money and pick the grill up in your driveway and have a beer with them while you give the "cool" customer a few pointers/discuss the nuances of the grill.
 
Ya I just dont like the sound of I am liable........There are so many boneheads out there that should not be operating a gas appliance. Several people I have sold to say this is their first grill :( ......I do educate how to use.....but some people are sharp and some people just are a bit flakey. I wonder if a simple disclaimer would even hold up.........oh well.....was just a thought.
 
I don't think any of my buyers have ever been "new" to gas grills. Most of those people start out with two or three Charbroils or other Chinese tin cans before they finally go with a Weber. Then I have a lot of my buyers that already have a weber or had a similar one back in the day or "that is just like Dad's grill".
In fact, I find that a good percentage of them don't even care to light the thing up when they come to look at it. I have never really figured that one out.
 
If you draw up your own disclaimer..... it'd probably be more useful hanging it in the bathroom with a sign that says emergency use only. If you want an effective disclaimer, you should have Dewey, Cheatum & Howe on permanent retainer.
 
When I first saw this post, I thought “Yeah, I should probably do something like that,” Reading here and thinking about it, I think it is a good strategy to download and print the Weber owners manual that is full of warnings. Giving them that is actually a selling point and not an overt attempt to cover yourself. At least in a worst case scenario you could defend yourself by saying “I provided you with the owner’s manual. Did you read it?”

One step further might be to have a very simple Bill of Sale that you could give out a copy as a receipt, while you keep the other. Putting “Sold As Is” on that might be innocuous enough to not raise many eyebrows but still give you a defense like it does when you sell a used car.
 
LMichaels said:
Maybe but sadly it just shows how badly our society has deteriorated. I saw a blurb on Facebook IIRC. Poking fun at the Gen X and later. "you think you're so smart" but back in the day the owner's manual for your car gave instructions on fully maintaining your car (tuneups, valve adjustments and so on) Today they warn you not to drink the battery acid. Mull on that
Click to expand...
Not sure what the situation is in the US, but fish in the supermarket in the UK has a warning on the label: Contains Fish. Make of that what you will.
 
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