Sold as seen/spares or repairs

ilikewatch

I've noticed it stated in various threads that it would be illegal for a trader to try to limit a customers statutory protection by endorsing a receipt as "sold as seen" or similar.

If a trader wishes to sell an unroadworthy vehicle to a retail customer (with the customers full knowledge) is there any way that they can protect themselves against future hassle/comeback?

i.e by noting "vehicle sold requiring repairs to braking system before use - customer aware"

pvt

A dealer can sell a vehicle with defects, just so long as they explicitly say what the defects are.

So if they specifically state "Unroadworthy", or something to that effect, they would appear be covered.

arcon5

Yes if a customer buys a car with a known fault they can't then turn round and demand a remedy. SOGA takes description in to consideration.
Selling a car as spares or repairs isn't attempting to limit a persons rights.

facade

No doubt the trader could be prosecuted for allowing the purchaser to drive away in an unroadworthy vehicle though, and should insist on such a vehicle being recovered not driven.

Aretnap

Yes, it's fine to sell a vehicle with defects, so long as you point ut the defects at the time of sale. So it's fine to say "needs new tyres and new brakes", and perhaps even "pile of crap suitable only for spare parts". What you can't do is say "has some faults but I'm not telling you what they are, or even if they're major or minor", or "may or may not have faults - it's not my problem if it does", which is what "sold as seen" amounts to.

shaun_from_Africa

It's covered by Section 75 or the road traffic act and it applies equally to private sellers as well as trade ones.

http://www.legislation.gov.uk/ukpga/1988/52/section/75

Subject to the provisions of this section no person shall supply a motor vehicle or trailer in an unroadworthy condition...

A person shall not be convicted of an offence under this section in respect of the supply or alteration of a motor vehicle or trailer if he proves—

(b)that he had reasonable cause to believe that the
vehicle or trailer would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used,

force_ten

ilikewatch wrote: »

I've noticed it stated in various threads that it would be illegal for a trader to try to limit a customers statutory protection by endorsing a receipt as "sold as seen" or similar.

If a trader wishes to sell an unroadworthy vehicle to a retail customer (with the customers full knowledge) is there any way that they can protect themselves against future hassle/comeback?

i.e by noting "vehicle sold requiring repairs to braking system before use - customer aware"

the problem is when a seller is trying to sell a car with faults that are not declared to the prospective buyer, and then tries to avoid responsibility by adding sold as seen no warranty given or implied

the salesman tugs at the collar of his sheepskin coat puffs on his cigar and says yes sir it is a lovely little runner only done 56 thousand miles hardly run in yet should last you for years

when in reality you will be lucky if you make it around the corner

if the seller states on the bill of sale

car failed MOT due to floor being rusted out, exhaust rusty, and brake lines badly corroded

car sold as spares or repair with no warranty

then the dealer has stated that the car is an mot failure and listed faults so you should know what you are buying and not expect it to be a runner

motorguy

ilikewatch wrote: »

I've noticed it stated in various threads that it would be illegal for a trader to try to limit a customers statutory protection by endorsing a receipt as "sold as seen" or similar.

If a trader wishes to sell an unroadworthy vehicle to a retail customer (with the customers full knowledge) is there any way that they can protect themselves against future hassle/comeback?

i.e by noting "vehicle sold requiring repairs to braking system before use - customer aware"

By putting "sold for spares or repairs" on the invoice. If it is genuinely the case, then the trader has nothing to fear. The problem arises when a trader sells a £1000 car for someone to drive, but marks it as "spares or repairs" to avoid their responsibilities under the SOGA.

Now, as someone else has said, the seller "could" potentially be held in some way liable IF the customer drove off in the car.

The absolute way to protect yourself is to ensure the car is towed or trailered off your premises.

Therefore you would write on the invoice "sold for spares or repairs only - car removed from premises on a trailer".

If i'm selling a car for spares or repairs only, i make sure that any prospective purchaser coming to view has a means of getting the car home - either they come prepared to tow it away, OR as was the case of the last one i sold, they came in a transit with a car trailer.