Ask The Editors: Private Seller Warranty?
How important is a VIN?
In any other circumstance, there is no implied warranty in an as-is private seller transaction. In other words, unless you specifically draw up a contract stating you will offer a return policy or warranty parts, the transaction is a done deal the moment it concludes.
However, what’s unique here is that if indeed this is an ATV that was, at any point in time, reported stolen, it could repossessed by the authorities with no one being compensated along the way.
This is why government’s come down hard on the sale of any vehicle without a VIN, firearm without a serial number etc. Simply just owning one can be a crime.
What we would recommend before he brings the law into it, is agree to take the machine back then get to work on your research. We would begin by checking the VIN thoroughly – has it simply worn down or was it deliberately sanded away? If it’s simply worn flat, grab a hunk of clay and press it onto the frame spar – that should get you enough of an impression to make a read.
If it appears to be deliberately removed, begin checking other vehicle identification markers, the engine casing stamp for example. If possible, we wouldn’t dismiss contacting the individual you bought it from if necessary.
it’s possible the machine is clean – in which case, you may be free to list it again with the assurance to the next potential owner that you checked into it and there’s no cause for concern.
Sadly, stolen property at any step of the way, can be a very dangerous proposition. Taking it back and finding definitive answers is surely not what you want to hear but better than the authorities simply taking it as stolen property and forcing you to return the latest buyer’s money.
