Being sold on behalf of a customer so no warranty.
Discussion
So I am toying with a car with an independent garage; its a marque specialist and they have the car in their "for sale" section on their website.
It says "Being sold on behalf of a customer so no warranty."
I don't give a stuff about warranty, and the dealer is at least being clear.
I therefore assume that Consumer Rights act and "satisfactory quality, fit for purpose and as described." doesn't apply and I am into caveat emptor proper in the same way as a private sale? Is that right?
I mainly ask out of interest, not because I even sure I will go an look at it, nor would the answer to this swing me one way or the other - although might be a negotiation point on price
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It says "Being sold on behalf of a customer so no warranty."
I don't give a stuff about warranty, and the dealer is at least being clear.
I therefore assume that Consumer Rights act and "satisfactory quality, fit for purpose and as described." doesn't apply and I am into caveat emptor proper in the same way as a private sale? Is that right?
I mainly ask out of interest, not because I even sure I will go an look at it, nor would the answer to this swing me one way or the other - although might be a negotiation point on price
.Think some car dealers have started doing this to try and get around warranties.
A lot will depend on whether the V5 is in the dealer's name or the person who is supposed to be selling it.
Then if it's registered to someone else, what does his trade insurance say about covering it, especially for your test drive?
Got a link to the advertisement? What details are on that?
There are the odd one or two I expect are genuine but don't know why you would want to sell stuff on behalf of other people as the money made must be very low.
A lot will depend on whether the V5 is in the dealer's name or the person who is supposed to be selling it.
Then if it's registered to someone else, what does his trade insurance say about covering it, especially for your test drive?
Got a link to the advertisement? What details are on that?
There are the odd one or two I expect are genuine but don't know why you would want to sell stuff on behalf of other people as the money made must be very low.
I would avoid any dealer that suggested this.
If they are happy to sell the car, they should offer the normal statutory cover.
It's no different to the traders line...'This is my own car that I am selling' (on every single advert).
Of course it's your own car. It's owned by your business!
Whether these 'warranties' are worth anything is a whole other matter.
If they are happy to sell the car, they should offer the normal statutory cover.
It's no different to the traders line...'This is my own car that I am selling' (on every single advert).
Of course it's your own car. It's owned by your business!
Whether these 'warranties' are worth anything is a whole other matter.
I appreciate (on reflection) that my title could have been clearer.
The dealer stated "no warranty" which is fine and entirely within this rights too.
My question is whether he still has statutory obligations, given he has declared he is selling on behalf on another.
I have no desire to name and shame a company I've not dealt with, but its a specialist in a rare car, I can understand why they might assist a long term customer in selling his car.
The dealer stated "no warranty" which is fine and entirely within this rights too.
My question is whether he still has statutory obligations, given he has declared he is selling on behalf on another.
I have no desire to name and shame a company I've not dealt with, but its a specialist in a rare car, I can understand why they might assist a long term customer in selling his car.
I've seen a lot of traders selling cars with the no warranty, sold as seen and trade sale stuff in the ad. I think they think by putting this sort of stuff in the ad means they don't have to honour any consumer rights.
Their third party warranties aren't worth the paper they are written on anyway.
Plenty do it, so plenty must be getting away with it?
Their third party warranties aren't worth the paper they are written on anyway.
Plenty do it, so plenty must be getting away with it?
Technically and legally if selling a car on sale or return you are acting as an agent and don't need to offer warranty the sale can come with all the rights of a private sale so long as you are advised of that.
I personally would not sell any car in this way in my business as I would not sell any car myself I would not stand by.
They are not doing anything wrong, don't rule it out entirely as at least they have been open and honest.
I personally would not sell any car in this way in my business as I would not sell any car myself I would not stand by.
They are not doing anything wrong, don't rule it out entirely as at least they have been open and honest.
surveyor_101 said:
Then if it's registered to someone else, what does his trade insurance say about covering it, especially for your test drive?
My trade insurance covers myself and anyone to drive cars that are 'in my care' but only for the purposes of trade, such as test drives, and I must be present when someone else is driving. surveyor_101 said:
There are the odd one or two I expect are genuine but don't know why you would want to sell stuff on behalf of other people as the money made must be very low.
That would depend entirely upon the agreement / contract between the owner and the trader.I'm currently selling a car for someone as a return of favour for them helping me with something.
JimmyConwayNW said:
Technically and legally if selling a car on sale or return you are acting as an agent and don't need to offer warranty the sale can come with all the rights of a private sale so long as you are advised of that.
I personally would not sell any car in this way in my business as I would not sell any car myself I would not stand by.
They are not doing anything wrong, don't rule it out entirely as at least they have been open and honest.
thanks, and understood. As I see it, this is comparable to how houses and (I think) boats are sold, through an agentI personally would not sell any car in this way in my business as I would not sell any car myself I would not stand by.
They are not doing anything wrong, don't rule it out entirely as at least they have been open and honest.
Or some traders just put this in their adverts...
[i]ALL CARS ARE SOLD AS A TRADE SALE . I.E NO GUARANTEE OR WARRANTY GIVEN OR IMPLIED.
ALL VEHICLES CAN BE INSPECTED AT YOUR LEISURE PRIOR TO PURCHASE AND CAN BE TEST DRIVEN. YOU CAN BRING YOUR MECHANIC AND OR FRIEND AROUND AND PROD AND POKE AS MUCH AS YOU LIKE BEFORE COMITTING
WE ARE A TRADE SALES ENVIRONMENT SO DONT VALET / PREP ANYTHING FOR SALE.[/i]
[i]ALL CARS ARE SOLD AS A TRADE SALE . I.E NO GUARANTEE OR WARRANTY GIVEN OR IMPLIED.
ALL VEHICLES CAN BE INSPECTED AT YOUR LEISURE PRIOR TO PURCHASE AND CAN BE TEST DRIVEN. YOU CAN BRING YOUR MECHANIC AND OR FRIEND AROUND AND PROD AND POKE AS MUCH AS YOU LIKE BEFORE COMITTING
WE ARE A TRADE SALES ENVIRONMENT SO DONT VALET / PREP ANYTHING FOR SALE.[/i]
Saleen836 said:
Or some traders just put this in their adverts...
[i]ALL CARS ARE SOLD AS A TRADE SALE . I.E NO GUARANTEE OR WARRANTY GIVEN OR IMPLIED.
ALL VEHICLES CAN BE INSPECTED AT YOUR LEISURE PRIOR TO PURCHASE AND CAN BE TEST DRIVEN. YOU CAN BRING YOUR MECHANIC AND OR FRIEND AROUND AND PROD AND POKE AS MUCH AS YOU LIKE BEFORE COMITTING
WE ARE A TRADE SALES ENVIRONMENT SO DONT VALET / PREP ANYTHING FOR SALE.[/i]
My understanding was that this does NOT remove their statuary obligations if they sell to the public (in this case the are not claiming to be an agent) [i]ALL CARS ARE SOLD AS A TRADE SALE . I.E NO GUARANTEE OR WARRANTY GIVEN OR IMPLIED.
ALL VEHICLES CAN BE INSPECTED AT YOUR LEISURE PRIOR TO PURCHASE AND CAN BE TEST DRIVEN. YOU CAN BRING YOUR MECHANIC AND OR FRIEND AROUND AND PROD AND POKE AS MUCH AS YOU LIKE BEFORE COMITTING
WE ARE A TRADE SALES ENVIRONMENT SO DONT VALET / PREP ANYTHING FOR SALE.[/i]
OverSteery said:
JimmyConwayNW said:
Technically and legally if selling a car on sale or return you are acting as an agent and don't need to offer warranty the sale can come with all the rights of a private sale so long as you are advised of that.
I personally would not sell any car in this way in my business as I would not sell any car myself I would not stand by.
They are not doing anything wrong, don't rule it out entirely as at least they have been open and honest.
thanks, and understood. As I see it, this is comparable to how houses and (I think) boats are sold, through an agentI personally would not sell any car in this way in my business as I would not sell any car myself I would not stand by.
They are not doing anything wrong, don't rule it out entirely as at least they have been open and honest.
surveyor_101 said:
Think some car dealers have started doing this to try and get around warranties.
A lot will depend on whether the V5 is in the dealer's name or the person who is supposed to be selling it.
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Why would the V5C for a car that the dealer has purchased to sell on be in his name???A lot will depend on whether the V5 is in the dealer's name or the person who is supposed to be selling it.
.
martinbiz said:
surveyor_101 said:
Think some car dealers have started doing this to try and get around warranties.
A lot will depend on whether the V5 is in the dealer's name or the person who is supposed to be selling it.
.
Why would the V5C for a car that the dealer has purchased to sell on be in his name???A lot will depend on whether the V5 is in the dealer's name or the person who is supposed to be selling it.
.
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