Car Selling - Experienced help needed

loskie

Wit that mileage and age don't waste your money giving it a costly valet, just wash and hoover it out. Dont clean the engine bay, as a buyer that would make me suspicious. A clean well looked after example would appeal to me more than one that had obviously been over polished; I would think something is being hidden.
If it needs serviced get it done if not due for a few months or so let the new buyer do it. Build a bit of leeway into the price so he can haggle you down on that.
Don't be greedy and set a realistic price. Dependant on model I would think £2.5K to £4.5
re Insurance: most folks if they have cover to drive other cars will only be on a third party basis so decide if you will accept that risk. Ask them for a Driving Licence. I sold my GFs Polo a few years through gumtree and photocopied the guys licence as he paid in cash. Also gave him a basic receipt which we both signed and had a copy of.
Remember TAX is now not transferable cash in the remainder for yourself. As soon as they drive away cancel your insurance (or you can still be liable) send away your part of the V5(keep a copy0 and give him his bit.
This may be useful:
http://www.honestjohn.co.uk/buy_sell/selling/

Be prepared. Have invoices for repairs and services due. I would prefer that to a stamped service book that really says nothing. Old MOT's if you have them and ability to answer specific questions such as rough MPG and when the timing belt was last changed.
A Golf if half way decent should sell easily.

Marktheshark

A receipt becomes a contract when you stipulate "terms and conditions"

This is not a contract : Sale of 1 private car reg xxxxxxx to Mr jones for the sum of £500 signed by the seller only.
Now you have made a private sale

This is a contract sale of one car to Mr jones for the sale of one car for £500
Car is sold as seen, car is not returnable and so on signed by both.

Now you have made a contractual sale with implied terms and conditions and out of the window goes your caveat emptor rights.
Contract law is extensive and hundreds of case law examples exist that can rule a contract void, from unfair terms to poorly written contracts.
If the contract is ruled void, the sale is as well.

Your rights to sell a car privately under Caveat Emptor are set in law, the lawful position on a private sale is buyer beware unless seriously misdescribed.
Why risk moving away from this safe house position by using a contract to affirm rights you already have.
By all means, a receipt if asked, but as soon as both signatures and terms and conditions are put upon it, it' is a contract.

BeenThroughItAll

Marktheshark wrote: »

A receipt becomes a contract when you stipulate "terms and conditions"

This is not a contract : Sale of 1 private car reg xxxxxxx to Mr jones for the sum of £500 signed by the seller only.
Now you have made a private sale

This is a contract sale of one car to Mr jones for the sale of one car for £500
Car is sold as seen, car is not returnable and so on signed by both.

Now you have made a contractual sale with implied terms and conditions and out of the window goes your caveat emptor rights.
Contract law is extensive and hundreds of case law examples exist that can rule a contract void, from unfair terms to poorly written contracts.
If the contract is ruled void, the sale is as well.

Your rights to sell a car privately under Caveat Emptor are set in law, the lawful position on a private sale is buyer beware unless seriously misdescribed.
Why risk moving away from this safe house position by using a contract to affirm rights you already have.
By all means, a receipt if asked, but as soon as both signatures and terms and conditions are put upon it, it' is a contract.

Personally, I think that's cobblers. It's easy to quote armchair law, but I'm confident that the relevant legal principles can be appropriately applied in these matters. I am presuming you don't have a law degree or formal legal training? I may be wrong.


I've sold plenty of cars privately and I've had a few people ring me with problems post-sale, and each time I have referred them to the statement on the receipt, and advised I will have no further contact. I've not been sued yet.


You either have much less confidence in the cars you sell or less faith in human nature than I. Maybe both, I don't know. For myself, I will continue to give a receipt worded as stated, and accept the risk you seem so concerned about. Fair enough, we're all different.

loskie

What he said. Describe on receipt sold as seen. Unless your ad misdescribes it the buyer has no comeback.

colino

No matter what the naysayers would have you believe, once your car is over 100,000 miles, your prospects are different. You will be offered ridiculous offers before genuine, knowledgeable ones come through.
As above, clean, hoover and polish it very well, do not over prepare it with shiny tyres and multiple Magic Trees, it makes it look like a driveway dealer. Get everything out of the car that wasn't on it the day it was delivered new, extra mats, cushions, stickers and even your old tax disc, get it out and make the glass sparkle.
Have all of the paperwork, books, manuals, receipts, spare keys etc., in a nice, clean A4 folder. They cost buttons, keep it all together and make you look an organised, caring owner. Wouldn't be the first time I've ironed all the scrappy bits of paper found all round a car and created a handsome, in order, portfolio.
Don't take a deposit, you may lose a genuine sale because of those half-hearted monkeys who will make up excuses and delays for not fully paying you, if they complete at all, or are complete PITAs who you end up posting back on here asking how much of a deposit is it legal to retain. If the car is well priced and well presented, it will sell to an honest, on time buyer.
If it has less than 6 months MOT, put a fresh one on. If it is due a service, beware of throwing money at it you will not recoup; consider giving it an oil service instead with a nice local garage receipt as a minimum.
If they don't prove to you that they have DOC cover, drive it yourself, but ask them what they would like you to do and don't just stick to the straight, billiard table finish roads. Always be in the car or have the keys in your hand.
On successful sale, probably Autotrader, take cash that you know how to count: i.e., you recognise and are happy with the notes and you count hand to hand, that is, each complete note counted from one bundle to another, or ideally down on to different piles of banks and denominations on a table. Thieves can easily impress with a wedge of cash, flick through it counting fast and you don't notice half of the notes are halved over so they are counted twice. The polite way of taking the money is saying thanks and I'll count it in case you've given me too much.
Date and time the V5C (no idea when they are gong to give it the beans on the way home and potentially give you a ticket), and give them the slip and all the other paraphernalia in that nice neat folder. Both of you know everything has been handed over, both of you are happy, they have the car, you have the cash, so don't waste your time with a home brew receipt. Totally worthless and pointless.

forgotmyname

As post #12 mentions. Even if they have driving other car cover it will only be 3rd party.

If they crash your car and its their fault you wont get paid out and wont be able to claim on your insurance either.

AdrianC

If they crash the car, and it's their fault, they just bought it at asking price. Anything beyond that is their problem...

loskie

Yes of course. In your wee world maybe.

forgotmyname

AdrianC wrote: »

If they crash the car, and it's their fault, they just bought it at asking price. Anything beyond that is their problem...

And how do you plan in getting the money off them? Violent means?

What happens when you turn them upside down and shake them and only 50p falls out of their pockets?

Richard53

forgotmyname wrote: »

And how do you plan in getting the money off them? Violent means?

What happens when you turn them upside down and shake them and only 50p falls out of their pockets?

My standard eBay wording: "test ride/drives welcome on proof you are insured to do so, and with the full asking price in cash in my hand". Otherwise, you get me to drive it. Keys in hand at all times: there was a case discussed on here not long ago where a seller was standing next to the car, keys in ignition, and the 'buyer' drove away in it. Insurance wouldn't pay out, on the grounds that the owner hadn't kept the keys secure. Just be cautious.

Another point: if you are taking large amounts of cash, get it off the premises (and preferably in the bank) before nightfall. Many times a 'buyer' has paid a large amount of cash after banking hours, taken the car, and then returned later on to recover the cash.