Purchased car 2nd hand with full mot but.........

topdaddy_2

Joe_Horner wrote: »

No it isn't, as the OFFICIAL Trading Standards and OFT advice I've linked to above makes absolutely clear!

It might cover it if you said "spares or repair - must not be used on the road before repair" and refused to hand over the MOT and tax, but in that case you would also have to refuse the sale if they didn't turn up with a trailer.

Note that this is not "my opinion", it's the clearly stated position of the authorities who control these things!

Spares or repairs. Its three words and clear whats meant. Can i drive it away. No its to be broken or to be repaired. And you do not need a trailer. What if they repair it and drive it away? Or transporter or....

Joe_Horner

topdaddy wrote: »

Spares or repairs. Its three words and clear whats meant. Can i drive it away. No its to be broken or to be repaired. And you do not need a trailer. What if they repair it and drive it away? Or transporter or....

Well, I've taken the trouble to link to official TS and OFT documents that say you're wrong, including specific mention of the three words "spares or repair" being inappropriate.

If you'd like to post a link to anything official suggesting that Trading Standards and the OFT don't know what they're talking about I might just see your point.

Uhtil then, there's really no point in carrying this on because I'm providing all the evidence to back up my point while you're just making unsupported claims in return.

topdaddy_2

Joe_Horner wrote: »

Well, I've taken the trouble to link to official TS and OFT documents that say you're wrong, including specific mention of the three words "spares or repair" being inappropriate.

If you'd like to post a link to anything official suggesting that Trading Standards and the OFT don't know what they're talking about I might just see your point.

Uhtil then, there's really no point in carrying this on because I'm providing all the evidence to back up my point while you're just making unsupported claims in return.

So if a car is repaired then it cannot be driven because i do not have a link? Interesting.

Joe_Horner

My case is already solid, with the evidence to back it up. Yours, so far, has been nothing but unsupported (and incorrect) opinion and faintly ridiculous strawmen about needing links to repair cars.

The position of Trading Standards and the OFT is very simple:

You CANNOT use the phrase "spares or repair" to get out of SOGA liability for a car that's being sold for use on the road.

You CANNOT use the phrase "spares or repair" get out of the requirements for any car you sell to be roadworthy.

If you are GENUINELY selling a car that's only suitable for spares or repair then you can use the phrase, but you must also take all reasonable steps to make sure that the buyer doesn't drive it before it's repaired.

That includes, but is not limited to, stating specifically (ie: in as many words) that the car mustn't be driven in its current condition in any advertisements and orally to the buyer, marking that on all paperwork, witholding any current MOT or tax, and refusing to complete the sale if the customer doesn't have a suitable means of removing the car.

This is fact, backed up by law and by TS and the OFT. It's useful stuff for people buying at the lower end of the market to know so they don't get fobbed off by dodgy traders. Decent traders won't have a problem with it because they'll be doing it right in the first place.

What you keep posting is nothing but incorrect opinion, and it's bad advice which is misleading to people who might find themselves coming this way needing .help.

AdrianC

Can we just go back a bit, folks...? The original eBay auction link still takes you to the text of the auction, albeit sans photos.

It's borderline illegible with all the shoutiness in it, but I don't see "Spares or repair" in there. There's plenty to say that the car is anything but, otoh.

Joe_Horner

Thanks Adrian, didn't think to click that - I thought EBay pulled listings completely quicker than that.

"Drives superb [...] taxed until [...] very clean [...] full MOT [...] Drive her away with nothing more to pay"

Not quite how I'd describe something that was only fit for spares / repair!

d123

topdaddy wrote: »

Spares or repairs. Its three words and clear whats meant. Can i drive it away. No its to be broken or to be repaired. And you do not need a trailer. What if they repair it and drive it away? Or transporter or....

You appear able to write, so why the inability to read?

The link by JoeHorner is quite clear, yet you seem to be unable to read or understand it?

Which part gives you trouble to comprehend?

These reasonable steps would be for a court to decide in each individual circumstance.
• We would advise that it is offered for sale in a separate area from your normal vehicles.

• That a clear notice is displayed on the vehicle that it’s for spares and repair only, that in its current condition it must be regarded as unroadworthy and it cannot be used on the road before repair and an appropriate MOT test has been passed.

• That all this information is clearly recorded on any invoice or paperwork that you give to the purchaser.

• Make sure that your documentation clearly informs the purchaser they can only remove the vehicle from your premises on a trailer or a low-loader car transporter.

• Ensure the purchaser understands this and signs the documentation to confirm and record that they understood these facts and will carry out all these requirements before any use on a highway.

• Do not supply to the purchaser the previous MOT certificate or tax disc

• You must also ensure that the purchaser does remove the vehicle by transporter or
trailer, or refuse the supply of the vehicle

topdaddy_2

Joe_Horner wrote: »

My waffle and !!!!!! is freely flowing.....

So ive got a car, lets BMW
the rim has split and it didnt come with a spare.
I want to sell it. I do. "SUCCESS!"(Maybe I sold it on gumtree...)
Ive advertised it as having three wheels. Ive advertised it as spares or repair. Buyer comes and is surpised to find the vehicle is not roadworthy?
No.
or alternitively they come with a spare. The ehicle no longrr has a valid mot? Again, no.

Joe_Horner

Topdaddy, you can invent as many scenarios as you like. The simple fact is that my "freely flowing nonsense" is the position as stated in the law, and confirmed by Trading Standards and by the Office of Fair Trading. Their combined wisdom trumps your inaccurate and childish opinion every single time.

Since you seem to be unable to comprehend that I won't respond to any more from you, so go ahead and feel clever by getting the last word in before returning to your playpen if you like

topdaddy_2

Joe_Horner wrote: »

Topdaddy, I like to insult people when backed into a corner

Last word it is then.