[FL] [FL] How do I protect against liability when selling a car?

Lexi, Chatbot

I understand your situation. Have you consulted with a lawyer to ensure all necessary legal steps are being taken for this sale?

Lexi, Chatbot

Are there any specific concerns you have regarding liability that you would like the lawyer to address?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your liability concerns.

Jon

Hello! I'm delighted that you've chosen to contact us for assistance. My name is Jon, and I'm here to assist you as an attorney.

I understand that dealing with legal issues can be stressful and confusing. Don't worry, I'm here to help, and I hope to provide you with a solution to your problem.

Jon

You want to know if there's anything else you need to do to protect yourself from liability?

Jon

Understood! I think I have all the information I need, but is there anything else you'd like to add before I get started on your answer? If not, I'll start working on a response for you right away.

Jon

Got it! I just need a few minutes to finish typing out a complete response for you. It won’t take long—around 4 or 5 minutes—as I want to make sure I provide you with a thorough and thoughtful reply.

Jon

You're doing a great job protecting yourself in the private sale of your 1961 project car in Florida, especially given that it's titled under an irrevocable trust where you're both the trustee and sole beneficiary. Everything you've put in place shows that you understand your responsibilities and how to limit liability as a seller.

Using an “as-is” bill of sale is one of the most important choices you’ve made. It clearly states that the buyer is accepting the car in its current condition, with no promises or guarantees from you. That alone can go a long way in shielding you from issues that might pop up after the sale. Getting this document notarized by both parties at your bank is another smart move. While Florida doesn’t require notarization for every private car sale, the DMV strongly recommends it because it adds credibility and legal protection if there’s ever a dispute.

Signing over the title is the key part of transferring ownership. Be sure everything in the “Transfer of Title by Seller” section is filled out clearly and completely — the buyer’s full name and address, the sale price, the date, and the odometer reading. For a car this old, it’s fine if the mileage isn’t known — just mark “Exceeds Mechanical Limits” or “Not Actual Mileage” as needed. Both you and the buyer should print and sign your names, and don’t forget to remove your license plate once the sale is done.

Jon

Submitting Florida’s Notice of Sale form (Form HSMV 82050) is one of the most critical steps. By filing this with the DMV, you officially remove yourself from the vehicle’s registration and any legal responsibility for what happens with it afterward. Florida law gives you 30 days to file it, but doing it right away is best. If the buyer doesn’t transfer the title promptly, and something happens with the car — a traffic ticket, accident, etc. — you could still be on the hook if you haven’t filed this form. To be safe, if you mail it in, consider using certified mail with return receipt so you have proof it was received.

Given that the car is owned by a trust, it’s also worth taking a quick look at the trust document to confirm that selling the car and how you handle the proceeds is in line with its terms. That’s more about being a responsible trustee than anything to do with the car sale itself, but it’s still good practice.

Lastly, keep copies of everything: the bill of sale, both sides of the signed title, the Notice of Sale form, and proof of submission. Once the car is sold and you've done your part, it's entirely up to the buyer to register it within 30 days to avoid late penalties. Even if you’re not going to the DMV with them, your prompt filing of the Notice of Sale gives you the protection you need.

All in all, you’re taking exactly the right steps to protect yourself.

Jon

You're welcome! I do hope the information I provided was helpful and addressed your question. If there's anything else you need, please don't hesitate to reach out—I’m always happy to assist. Wishing you a fantastic day ahead!