Failed MOT selling for spares or repair

graceplant

Hi all,
I'm a bit lost as to what my options are with my car. I took it in for MOT today (a week after the expiration) and it failed, as expected. The mechanic estimated the costs to repair so it will pass at 330 GBP. The car itself is only worth 400-500 from what I can tell by looking online. So my question is, is it best to try to sell for spares/parts/repairs? Or just scrap it? Its currently sat outside my house on the street. I obviously don't intend to drive it now that it failed its MOT.
Does anyone know the legalities of selling a car with a failed MOT? I'd ideally like to get a little something for it if possible, but if not I'll just get it scrapped.

It's not worth me getting it fixed as I'm being gifted a second hand car in much better condition with a valid MOT within the next few weeks anyway.

Many thanks in advance

flashg67

Try online such as cartakeback - used them twice, don't need an MOT#

Maybe try https://www.scrapcarcomparison.co.uk/?utm_source=google&utm_medium=adwords&utm_campaign=generic-scrap&gclid=Cj0KCQjwxtPYBRD6ARIsAKs1XJ496QyFVbJteTt78-O615IvAVLRTuenYXGi2TM4dVlIQmq8J4Ak6qwaAsnaEALw_wcB

AndyMc.....

graceplant wrote: »

Hi all,
I'm a bit lost as to what my options are with my car. I took it in for MOT today (a week after the expiration) and it failed, as expected. The mechanic estimated the costs to repair so it will pass at 330 GBP. The car itself is only worth 400-500 from what I can tell by looking online. So my question is, is it best to try to sell for spares/parts/repairs? Or just scrap it? Its currently sat outside my house on the street. I obviously don't intend to drive it now that it failed its MOT.
Does anyone know the legalities of selling a car with a failed MOT? I'd ideally like to get a little something for it if possible, but if not I'll just get it scrapped.

It's not worth me getting it fixed as I'm being gifted a second hand car in much better condition with a valid MOT within the next few weeks anyway.

Many thanks in advance

It shouldn’t be.

It’s against the law to sell an unroadworthy vehicle unless for spares or repairs and in which case it shouldn’t be driven away.

nickcc

If your car doesn't have a current mot it shouldn't be parked on a public road, or is the road private. Nothing illegal as long as you confirm in writing that the car is not mot'd and is being sold for spares or repair only, signed by both parties so you are also protected.

AndyMc.....

nickcc wrote: »

If your car doesn't have a current mot it shouldn't be parked on a public road, or is the road private. Nothing illegal as long as you confirm in writing that the car is not mot'd and is being sold for spares or repair only, signed by both parties so you are also protected.

It is if they drive away in it.

nickcc

But the op would have sold the car as unroadworthy and as he is no longer the owner he can't be held legally responsible for what the new owner does.

AndyMc.....

nickcc wrote: »

But the op would have sold the car as unroadworthy and as he is no longer the owner he can't be held legally responsible for what the new owner does.

Section 75 of the Road Traffic Act 1988 makes it an offence to sell, supply or offer to sell or supply, or expose for sale an unroadworthy vehicle.

The OP would be responsible.

George_Michael

Don't forget that just because the car failed its MOT doesn't automatically make it unroadworthy. If this was the case then it would always be illegal to drive away from an MOT test to take your vehicle home.

Joe_Horner

nickcc wrote: »

But the op would have sold the car as unroadworthy and as he is no longer the owner he can't be held legally responsible for what the new owner does.

As Andy says, the offence is selling an unroadworthy car, so you commit the offence before they drive it away.

It's an absolute offence with a statutory defence if you have reasonable grounds to believe they won't drive it until it's fixed. But you can't (obviously) claim that if they turn up with no means of trailering it away.

George_Michael

AndyMc..... wrote: »

Section 75 of the Road Traffic Act 1988 makes it an offence to sell, supply or offer to sell or supply, or expose for sale an unroadworthy vehicle.

But if when selling that vehicle, you have reasonable cause to believe that it wasn't going to be used on the road until it had been made roadworthy then you have a valid defence.

So, you advertise an unroadworthy vehicle and before the buyer pays, you ask them to sign a note stating that they are fully aware of the condition of it and they agree that they are not going to drive it until it has been repaired.

Joe_Horner

George_Michael wrote: »

But if when selling that vehicle, you have reasonable cause to believe that it wasn't going to be used on the road until it had been made roadworthy then you have a valid defence.

So, you advertise an unroadworthy vehicle and before the buyer pays, you ask them to sign a note stating that they are fully aware of the condition of it and they agree that they are not going to drive it until it has been repaired.

Wouldn't wash if it ever ended in court unless they had the means to remove it without driving.

If they don't have a trailer / recovery vehicle then it's obvious they're going to drive it away regardless of anything they sign, so you can't have "reasonable grounds" to think they're not.