Car sale - does "Spares or repairs" absolve everything?
Discussion
Kellerman said:
When buying a car, if the seller (a trader) lists it as spares/repairs, does this remove all recourse options if the car is seriously defective? Or is there still a duty to describe faults?
Thanks
For the most part, yes - if they have any sense they will also add it to any sort of invoicing provided too. We used to use a sort of disclaimer form that was signed by both parties stating it was either a trade sale or spares. Quite possibly holds zero weight in a court of law but we never had any problems. Thanks
Kellerman said:
When buying a car, if the seller (a trader) lists it as spares/repairs, does this remove all recourse options if the car is seriously defective? Or is there still a duty to describe faults?
Thanks
why would any purchaser want or need any faults listed ? they have already been told a repair is necessary. The trader would not want to invest the time and money and indeed responsibility needed to create this list of faults. The purchaser also clearly knows at the outset that the car should be broken for parts or that they will have to go though the car, identify any faults found and repair them themselves.Thanks
I dont sell cars but I do sell goods every now and then and describe them as spares or repair & then spell it out to any purchaser what I mean by that which is that my expectations are that they strip the items for spares or that they need to repair it in order to use it.
Only if the car was priced accordingly
IE if car X is usually £10k and you bought it for £1k sold as spares / repairs then yes it should cover the Dealer
If the Dealer is selling it at close to the market value then no it doesn't (generally)
Unfortunately the only way to know is to take them to Court
What is your exact situation ?
IE if car X is usually £10k and you bought it for £1k sold as spares / repairs then yes it should cover the Dealer
If the Dealer is selling it at close to the market value then no it doesn't (generally)
Unfortunately the only way to know is to take them to Court
What is your exact situation ?
Hammer67 said:
Did the trader allow it to be driven away? If yes he is on a sticky wicket as anything "Spares or Repairs / Scrap" is by deemed unroadworthy.
Only uplift by trailer or truck should occur.
Why? Just to take one example, a broken convertible roof wouldn't be unroadworthy, but would still count as spares or repair. Significant paintwork damage, badly burned seats, all sorts of scenarios would make a car viable as spares or repair but would still pass an MOT.Only uplift by trailer or truck should occur.
I think the point about price is spot on. If you just write spares or repair on a not obviously damaged car and sell it at market price, you might struggle to argue that removes any statutory rights.
They are still required to answer any questions honestly. There isn’t a requirement to list all faults, but if you ask they have to answer honestly. Honestly might be “I have no idea. It just won’t work”, but they can’t lie, for example if they knew the engine had suffered oil starvation and grenaded itself they couldn’t say “I think it’s a simple fix. A fuse or something”.
E63eeeeee... said:
Why? Just to take one example, a broken convertible roof wouldn't be unroadworthy, but would still count as spares or repair. Significant paintwork damage, badly burned seats, all sorts of scenarios would make a car viable as spares or repair but would still pass an MOT.
I think the point about price is spot on. If you just write spares or repair on a not obviously damaged car and sell it at market price, you might struggle to argue that removes any statutory rights.
Spares or repair is specifically understood to mean it’s not roadworthy.I think the point about price is spot on. If you just write spares or repair on a not obviously damaged car and sell it at market price, you might struggle to argue that removes any statutory rights.
My memory isn't what it used to be but isn't this precisely why Dealerships stopped selling "PX to clear" and "Trade sales"?
There used to be cars that they had taken in part-ex but wouldn't provide a warranty for, therefore (theoretically) they were only being sold to other "traders" without any consumer protection. They were always cheaper than the Dealer's usual stock but not cosmetically great.
I might be confusing two separate issues
There used to be cars that they had taken in part-ex but wouldn't provide a warranty for, therefore (theoretically) they were only being sold to other "traders" without any consumer protection. They were always cheaper than the Dealer's usual stock but not cosmetically great.
I might be confusing two separate issues
Countdown said:
Electro1980 said:
Spares or repair is specifically understood to mean it’s not roadworthy.
A car with a shagged 5th gear could be advertised as "Spares or Repair" but it's still technically roadworthy.The issue is that you can't remove a customer's Statutory Rights
Writing "Trade Sale" or "Spares / Repairs" isn't the fail safe that a few Traders still think
Personally I think it should be allowed - because what happens now is that decent Traders are scared to sell cheaper PXs and they end up in the hands of the Traders who pretend to be Private sellers etc but at an inflated price
How can anyone give a warranty on a car that is past it's design life - when you buy a high mileage / cheap / old car it's a gamble and if you don't know what you're doing, you shouldn't buy them
Writing "Trade Sale" or "Spares / Repairs" isn't the fail safe that a few Traders still think
Personally I think it should be allowed - because what happens now is that decent Traders are scared to sell cheaper PXs and they end up in the hands of the Traders who pretend to be Private sellers etc but at an inflated price
How can anyone give a warranty on a car that is past it's design life - when you buy a high mileage / cheap / old car it's a gamble and if you don't know what you're doing, you shouldn't buy them
I’ve always taken it in the spirit that it is generally meant, i.e. the car is far from perfect, has some likely expensive issues to fix, but could be put back in order if the buyer knew what they were doing and had access to facilities to fix it themselves. If it should die in a heap tomorrow, no comebacks, but you might bag yourself a bargain.
If both parties go into the transaction with that view then I don’t see the problem. Caveat emptor, turned up to 11.
If both parties go into the transaction with that view then I don’t see the problem. Caveat emptor, turned up to 11.
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