Buying a used car 'unseen'. Any tips for purchase contract?
Discussion
I suspect the answer is 'not really' as it is a private seller, but I thought I would ask anyway.
Car is 500 miles away. I have spoken with the seller and am comfortable purchasing his car without meeting him. Fortunately I have a reasonably competent friend who lives in the same location as the car, so he will check it out for me later today.
The advert for the car is very detailed and suggests 'no known faults'. It's an older AMG, but low miles and the condition/MOT history seems to support the mileage. I will HPI check before finally committing to the deal, of course.
Just wondered if there is anything I should try and cover in a purchase agreement for the car, to minimise my risk / protect me in the event that it's not as described or gets damaged during the two months between committing to the deal and having it delivered?
Deal will be roughly as follows: Pay deposit, seller holds car for a couple of months, pay balance, arrange transport company, have car transported to me.
Any advice gratefully received!
Car is 500 miles away. I have spoken with the seller and am comfortable purchasing his car without meeting him. Fortunately I have a reasonably competent friend who lives in the same location as the car, so he will check it out for me later today.
The advert for the car is very detailed and suggests 'no known faults'. It's an older AMG, but low miles and the condition/MOT history seems to support the mileage. I will HPI check before finally committing to the deal, of course.
Just wondered if there is anything I should try and cover in a purchase agreement for the car, to minimise my risk / protect me in the event that it's not as described or gets damaged during the two months between committing to the deal and having it delivered?
Deal will be roughly as follows: Pay deposit, seller holds car for a couple of months, pay balance, arrange transport company, have car transported to me.
Any advice gratefully received!
Edited by texasjohn on Sunday 11th May 08:53
You can of course create a contract. It can protect both the seller and buyer.
BV recently posted some wording he uses when buying hissheds classic vehicles.
Otherwise as a buyer you are protected by the description provided by the seller. If you want maximum protection get maximum confirmation from the seller regards any questions you have. Get these in writing. Do not agree the deal until every issue has been dealt with to your satisfaction.
BV recently posted some wording he uses when buying his
Otherwise as a buyer you are protected by the description provided by the seller. If you want maximum protection get maximum confirmation from the seller regards any questions you have. Get these in writing. Do not agree the deal until every issue has been dealt with to your satisfaction.
Helicopter123 said:
Why not just go and see it? Cheap flight, B&B? There will always be some issues with any used car - by definition its not new. Sounds like you really want it, and its a rare model so make the effort!
I'd love to, but it's not practical to do that with young family to look after at the weekends!texasjohn said:
I'd love to, but it's not practical to do that with young family to look after at the weekends!
You could do 500 miles in a day. I did a 512 mile round trip 2 weeks ago, roughly 4 hours each way, to pick up a motorcycle I bought on ebay. It cost me £105 in fuel in a large transit van. It could be the best £100 you spend on the car.I'd be wary of a private sale with a couple of months between deposit and payment as both of you are exposed to issues, does the seller sorn it then you have to re-tax? Does the seller get a better offer? Is the seller insuring the vehicle? In two or three months a lot can happen. Get a loan fly, train or drive up and buy it in one transaction.
Breadvan's patented WunderKontrakt for mug punters shrewd and cautious motoring enthusiasts everywhere.
AGREEMENT
1. This Agreement is made on Friday 13th NNNN between Billy Spiv (the Seller) and Johnny Keen (the Buyer).
2. The Seller agrees to sell and the Buyer agrees to buy JALOPY P.O.S. MARK XXIV registration number 1AM MUG together with its tools, equipment, entertainment system, handbook [and the following spare parts: MOULDY COLLECTION OF OLD SHIZZ] (the Car) for £LOOOOOOADZ (the Price).
3. The Seller acknowledges receipt of the Price. The Buyer acknowledges receipt of the Car.
4. The Seller warrants and represents to the Buyer that the Seller has unencumbered title to the Car and is entitled to pass that title to the Buyer and that the Car is not subject to any finance agreement or other encumbrance.
5. Otherwise, the Car is sold as seen and tested by the Buyer, without any express or implied warranty as to condition or suitability for purpose.
6. This agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
Signed and dated
BS
Billy Spiv
X (for Johnny Keen, his mark)
AGREEMENT
1. This Agreement is made on Friday 13th NNNN between Billy Spiv (the Seller) and Johnny Keen (the Buyer).
2. The Seller agrees to sell and the Buyer agrees to buy JALOPY P.O.S. MARK XXIV registration number 1AM MUG together with its tools, equipment, entertainment system, handbook [and the following spare parts: MOULDY COLLECTION OF OLD SHIZZ] (the Car) for £LOOOOOOADZ (the Price).
3. The Seller acknowledges receipt of the Price. The Buyer acknowledges receipt of the Car.
4. The Seller warrants and represents to the Buyer that the Seller has unencumbered title to the Car and is entitled to pass that title to the Buyer and that the Car is not subject to any finance agreement or other encumbrance.
5. Otherwise, the Car is sold as seen and tested by the Buyer, without any express or implied warranty as to condition or suitability for purpose.
6. This agreement is governed by the laws of England and Wales and the parties submit to the exclusive jurisdiction of the Courts of England and Wales.
Signed and dated
BS
Billy Spiv
X (for Johnny Keen, his mark)
Edited by anonymous-user on Sunday 11th May 15:29
The above letter isn't really what the original poster wants though.
He states 'Just wondered if there is anything I should try and cover in a purchase agreement for the car, to minimise my risk / protect me in the event that it's not as described or gets damaged during the two months between committing to the deal and having it delivered? '
Whilst the letter states ' the Car is sold as seen and tested by the Buyer, without any express or implied warranty as to condition or suitability for purpose'
Seems like the buyer want's a warranty without paying a dealers prices?
He states 'Just wondered if there is anything I should try and cover in a purchase agreement for the car, to minimise my risk / protect me in the event that it's not as described or gets damaged during the two months between committing to the deal and having it delivered? '
Whilst the letter states ' the Car is sold as seen and tested by the Buyer, without any express or implied warranty as to condition or suitability for purpose'
Seems like the buyer want's a warranty without paying a dealers prices?
You could use the type of agreement posted earlier but could as a few terms to deal with your issues. In relation to making sure the condition of the car will remain the same etc before it is actually delivered to you, you could have an inspection carried out with the seller and your friend doing this together and signing the report. This could then be checked with a final inspection of the car before it is delivered.
assadahmed said:
You could use the type of agreement posted earlier but could as a few terms to deal with your issues. In relation to making sure the condition of the car will remain the same etc before it is actually delivered to you, you could have an inspection carried out with the seller and your friend doing this together and signing the report. This could then be checked with a final inspection of the car before it is delivered.
Once your friend inspects it surely you can just pay for it then your friend could drive off with it straight away with it?That way the condition of the car wouldn't change or at least not due to the original owner doing anything.
If it was me i'd still go up and look at the car.
I travelled from somerset to carlisle by train then drove home in the car, it took 1 day of my life but if the car wasn't as described i could just turn round and catch the next train home with all my money.
egor110 said:
Seems like the buyer want's a warranty without paying a dealers prices?
No not so much that (although it would be wonderful)! At the end of the day it's a 10 year old car, I'm buying privately etc. I don't expect it to be perfect!I just want the facility to protect myself and my deposit if (for example) the car is stolen or burnt to the ground before I can get the deal concluded.
I will be able to use BVs template as a starting point. While typing this I've had a call from my mate - there are a couple of issues with it apparently (nothing fundamental, sunroof not working very well) so need to have a think before speaking with the seller.
texasjohn said:
egor110 said:
Seems like the buyer want's a warranty without paying a dealers prices?
No not so much that (although it would be wonderful)! At the end of the day it's a 10 year old car, I'm buying privately etc. I don't expect it to be perfect!I just want the facility to protect myself and my deposit if (for example) the car is stolen or burnt to the ground before I can get the deal concluded.
I will be able to use BVs template as a starting point. While typing this I've had a call from my mate - there are a couple of issues with it apparently (nothing fundamental, sunroof not working very well) so need to have a think before speaking with the seller.
I'd still get the train up far easier/safer and it's only 1 day out of your life.
Don't leave the car in the possession of the seller for any longer than is necessary, they might die, go bust or run away.
BV's words are no doubt well intended, but a buyer doesn't want "sold as seen" (although that's probably a meaningless phrase anyway), the buyer wants "sold as advertised" which automatically applies to any vehicle sale, so doesn't need a reference on the contract.
Who, what, when (including time to avoid potential issues re: speeding tickets etc), price. Buyer's copy and seller's copy, signed. HPI check essential. Buy from the registered keeper's premises (not just the driveway!), and - if you're really paranoid - get a (surreptitious) photo of the seller, the car and the premises
BV's words are no doubt well intended, but a buyer doesn't want "sold as seen" (although that's probably a meaningless phrase anyway), the buyer wants "sold as advertised" which automatically applies to any vehicle sale, so doesn't need a reference on the contract.
Who, what, when (including time to avoid potential issues re: speeding tickets etc), price. Buyer's copy and seller's copy, signed. HPI check essential. Buy from the registered keeper's premises (not just the driveway!), and - if you're really paranoid - get a (surreptitious) photo of the seller, the car and the premises
Well, I'm only a lawyer, so ignore me, as you obviously know best. The suggested wording is intended as general wording for a face to face sale where the buyer has seen the car. It's not intended as one size fits all deal, or as a treatise on the law of contract. I simply put it here to save people searching for the other thread. The OP needs some specific terms to suit his deal, and with all the pub legal experts here no doubt he can find what he needs.
Breadvan72 said:
Well, I'm only a lawyer, so ignore me, as you obviously know best. The suggested wording is intended as general wording for a face to face sale where the buyer has seen the car. It's not intended as one size fits all deal, or as a treatise on the law of contract. I simply put it here to save people searching for the other thread. The OP needs some specific terms to suit his deal, and with all the pub legal experts here no doubt he can find what he needs.
Oh come along now BV, you're capable of a far better riposte than that! A slight touch of pre-Monday depression perhaps?Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff