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Sino dapat ang liable?

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1Sino dapat ang liable? Empty Sino dapat ang liable? Wed Nov 26, 2008 9:40 pm

calypso116


Arresto Menor

Hi! I'm not sure about the title of this topic pero here's my dilemma:

Meron kaming car na matagal na di nagamit. It was just parked at a friend's house kase I don't drive. It was
previously owned by my cousin who left for the US three years ago. He bought it from a taxi operator. Yes, it was an ex-taxi.
Pero na drop na ang line. In other words, private na nung nabili ng cousin ko. Yung cousin ko lang ang nag-pickup
nung new license plate sa LTO. Since he left, di naman na pa-rehistro ang sasakyan, kase kelangan ng repairs dahil walang gumagamit. Kaya naka park sa bahay ng friend ko para magamit for short drives around the village. Maraming gustong bumili and then one day I said OK since I can't find time to have it checked out by a mechanic for estimation kung anong kelangan paayos. Hindi ako ang nakausap nung buyer. Yung friend ko and sister ko ang nakausap and then that same day, they paid for it. Nagulat na lang ako when my sister gave me the money. He bought it that fast. They knew the condition of the car and the fact that it was an ex-taxi.

A year later, bumalik ang buyer. He was applying for change ownership and the problem is di nya maparehistro
ang sasakyan dahil daw hindi pa na drop ang linya. He had print outs of the search results sa LTO saying that the engine number of the vehicle had two active license plates, one as taxi and one as private. I checked with LTFRB and true enough di pa nga na drop ang linya. The new owner went to the address of the name on the OR/CR of the vehicle (the original owner-taxi operator). Pero di na daw don nakatira. Please take note na na-rehistro ng cousin ko ang sasakyan for two consecutive years without problems, dahil renew lang sha.

My question is, kami ba ang responsible sa pag drop nung linya ng taxi? Are we supposed to shoulder fees concerning the dropping of the taxi line? Should the new owner be coming to us with this problem? The new owner is claiming that he has spent a lot of money repairing the unit (4x the actual amount he paid for). The new owner is into buying and selling vehicles as well. Need your help. Kase he bought the unit for 20k and the estimated expenses daw (according to the new owner) is 25k. Eh di parang binigay ko na sa kanya yung sasakyan? I have no experience regarding this matter. I'm not even sure if I'm supposed to be having this problem. Would appreciate your advice.

2Sino dapat ang liable? Empty Re: Sino dapat ang liable? Thu Nov 27, 2008 11:20 pm

sheriff

sheriff
Arresto Menor

hi calypso. Did you execute a Deed of Sale of MOtor Vehicle? If yes, the terms and conditions of the sale as to who bears the expenses for registration may be stated there.

As to the expenses for repairs, the law so provides that the SELLER does not warrant patent defect; (caveat emptor) when defect is visible or even if not visible but buyer is an expert by reason of his trade or profession, seller is not liable

IN your case, the buyer is into buying and selling cars so he is considered an expert. He is preumed to have knowledge about the risks of buying 2nd hand cars or in your case an ex taxi therefore you are not liable for the repairs. Furthermore, the buyer already anticipated the expenses to be incurred that is why the price was very low.

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