Can a car be 'sold as seen' when buying from a trader?

Oakdene

There is a man who advertises cars for sale on the local 'for sale' page on Facebook. It is obvious he is a trader & in the main body of the advert there is a link to their website, along with the following text


Full warranties are provided on any vehicle that is over £1000 less than 10 years old and under 100,000 miles the warranty is given at the full price any discount given will be used to cover any future repair costs instead of a warranty being provided. Any vehicle sold for under £500 will be sold on a sold as seen basis with no warranty provided any vehicle over £500 can be provided with a warranty at a cost, the cost will depend on the value age condition and the milage. Any viewing of vehicles is welcome although only 2 people at a time will be permitted to look over vehicles so please do not turn up in large groups.


A friend of mine bought a car from him, literally for next to nothing...£400 - a banger but it ran & she needed a car urgently. (this isn't me as I have a campervan before the inevitable posts come asking if it is really a friend).



Anyway she saw the advert for a car on there & took it for a spin & agreed a price. He said it was 'sold as seen' & 'no warranty is given'.


As you can guess it broke down the next day & she took it back & asked him to fix it & he turned her away saying he told her it was sold as seen & asked her to leave.


Is this right? I was under the impression that when a trader sells to a non trade customer you couldn't sell 'as seen'?

Owain_Moneysaver

A trader can't restrict a consumer's statutory rights including the right to reject:

If you bought the car any time after 1 October 2015, you have only 30 days to reject it and get a full refund under the Consumer Rights Act.

https://www.which.co.uk/consumer-rights/advice/the-second-hand-car-i-bought-has-a-problem-what-are-my-rights

However whether the car is unfit for sale does depend on its age and mileage, but even a 'banger' should run for a week...

unholyangel

Perhaps worth noting that if she exercises the right to reject, she'll be responsible for proving the fault was inherent. If she exercises the right to repair or replace, the law assumes the fault is inherent (if its within the first 6 months) and its for the dealer to prove otherwise.

He can't disclaim liability for anything he sells in the course of a business though. No matter the age, price or mileage - although as said, whether the goods would fail to conform to contract would be influenced by those factors. If something is usually replaced around 60,000 miles and the car has 55,000 miles on the clock and that part goes, thats not likely (imo) to make the goods of unsatisfactory quality.

He may also be guilty of a criminal offence. not only misleading a consumer about their rights but trying to restrict/remove those rights also.