Hey Everyone, someone is interested in purchasing my 150 gallon tank, however what if he takes it and after he sets it up something happens like leakage? Even tho with me it was perfectly fine? Than I assume it was damage during its transport that I had nothing to do with? This hasn't happened to me just wondering what are ways to insure my self? Do I just have the tank filled up with water, when he comes to show all is good, than drain it in front of the buyer and let the buyer do the rest of the transport? Thanks just wondering, because Im sure accidents like that must of happen to members on here
How to protect yourself when selling big fish tanks?
- Thread starter Pazzoman
- Start date
Hello; Seems two questions here. First stress the tank is sold "as is" with no warranty.
If you are willing to fill it up for inspection, then let the buyer check it out and decide for him/her self. If asked say it has not leaked for you, but will not guarantee that once it is moved. In other words once the buyer owns it, it is his/her problem.
Not sure about the other question of liability. My guess is that if someone gets hurt on your property then you might be at least partly liable. At least up to the point it is loaded on the buyers truck.
One more thought. Unless there is no other way, I would likely leave the moving of the tank entirely up to the buyer. That way if it gets dropped, cracked or something you had no part in it and that will not come back on you. That leads me to the point of getting the money before they try to move it. Might be if you wait for the cash and the tank gets cracked the buyer will try to back out.
If you are willing to fill it up for inspection, then let the buyer check it out and decide for him/her self. If asked say it has not leaked for you, but will not guarantee that once it is moved. In other words once the buyer owns it, it is his/her problem.
Not sure about the other question of liability. My guess is that if someone gets hurt on your property then you might be at least partly liable. At least up to the point it is loaded on the buyers truck.
One more thought. Unless there is no other way, I would likely leave the moving of the tank entirely up to the buyer. That way if it gets dropped, cracked or something you had no part in it and that will not come back on you. That leads me to the point of getting the money before they try to move it. Might be if you wait for the cash and the tank gets cracked the buyer will try to back out.
In most states (if not every state) anyone can take you to small claims court if they can establish something as basic as you described. You can do as you say (have it filled and drain it as he is there, recording such on a cell phone), or more simply sell it "as is" having him sign a bill of sale that says you do not warrant the tank in any way.
Alternatively, a cell phone snap shot of the buyer and the tank together will demonstrate that there was no damage to the tank at the time he took it.
That doesn't stop him from taking you to court, but it gives you a better chance of winning if he does which indirectly may lead him not to take you to court.
However, I've sold many things (not like a business, but just in the course of time) including a number of tanks and this has never come up. Most people are fair minded and will take ownership of their own mistakes and not try to go to court over a few hundred dollars.
If you agree to transport the tank as part of the sale price and it gets damaged, you will likely be unable to make him pay for it, so I would not offer it under those terms either. Buyer picks it up and transports at his own cost and risk is how I've always done it.
Alternatively, a cell phone snap shot of the buyer and the tank together will demonstrate that there was no damage to the tank at the time he took it.
That doesn't stop him from taking you to court, but it gives you a better chance of winning if he does which indirectly may lead him not to take you to court.
However, I've sold many things (not like a business, but just in the course of time) including a number of tanks and this has never come up. Most people are fair minded and will take ownership of their own mistakes and not try to go to court over a few hundred dollars.
If you agree to transport the tank as part of the sale price and it gets damaged, you will likely be unable to make him pay for it, so I would not offer it under those terms either. Buyer picks it up and transports at his own cost and risk is how I've always done it.