Shop Products
Houzz Logo Print
webuser_181042650

legal waiver if house includes a car lift?

HU-181042650
15 days ago

Selling my place, with realtor, with a 8000lb car lift in one garage. Do I need some sort of legal waiver or other document to be signed with the sale? Im concerned about being sued if something goes wrong with the lift after buyer takes possession. Machines fail all the time, so just trying to be preventative here. I know anyone can sue for any reason, but some sort of protection seems prudent here? Just not sure if the waiver of liability is worth anything. What else?

Comments (3)

  • dani_m08
    15 days ago
    last modified: 15 days ago

    The following is not legal advice - I am simply providing general information related to your question.

    The general rule of law is that once a seller has transferred ownership of a property, he/she is no longer subject to liability for injuries sustained by a third party while on the property that were caused by any dangerous condition (natural or artificial) that existed at the time the buyer took ownership of the property. There is an exception - if the seller conceals or fails to disclose such dangerous condition to the buyer. If the buyer does not know of the dangerous condition, or the risk involved therein, AND seller knows of the dangerous condition + the risk involved AND has reason to believe that buyer will not discover the dangerous condition or realize the risk.

    First, I am not sure that a car lift in a garage has been determined to be a ”dangerous condition” in any jurisdictions in the U.S.

    Second, even if car lifts are considered ”dangerous conditions” - an 8,000 lb car lift is not something that can be concealed. If a car lift has been installed and maintained as required by the manufacturer, it should not pose a risk - unless it is defective - and such defect is known by seller + the defect has the potential to pose a risk of injury - and the defect is not disclosed to buyer.

    FYI - liability waivers can be nullified if they violate state or federal law, the terms are ”unconscionable” (unethical), one party used deception, fraud, or misrepresentation to cause other party to sign, OR undue influence or duress was used to cause party to sign.

    In my jurisdiction, a liability waiver cannot be used to excuse an injury caused by defendant’s gross negligence, recklessness, or intentionally wrongful act.

    Your state may have a statute of limitation that releases sellers from any liability after a specfic amount of time has passed.

    As you can see, your question can’t be answered completely on a forum like this.

    If you carry an umbrella policy of insurance - that would cover you if somehow you were held liable after the sale for some dangerous condition that existed on your property (plus, it covers you for many other types of actions). It’s not very expensive to carry an umbrella policy - I have a $2 mil policy that was pretty inexpensive.

    HU-181042650 thanked dani_m08
  • Stax
    15 days ago
    last modified: 14 days ago

    Include in the purchase and sales something like, "Automobile lift has no defects known to seller and is included "as is.""

  • HU-181042650
    Original Author
    15 days ago

    Thank you both!