Selling a car as 'spares or repair'
Discussion
I'm faced with the choice of either selling a car to the scrappies, or trying to do a bit better on Ebay as 'for spares or repair'.
Having read a few stories about unrealistic buyers threatening sellers with court action, I'm thinking of explicitly stating that the car is 'unroadworthy' in its present condition.
Whilst this may (hopefully) preclude buyer comeback, what would be the legal position on my allowing the car to be driven away under its own steam/smoke? From what I've read, the car must be trailered away, but what do I do if the buyer just turns up and wants to drive it anyway?
Maybe the scrappy isn't a bad option :-)
Having read a few stories about unrealistic buyers threatening sellers with court action, I'm thinking of explicitly stating that the car is 'unroadworthy' in its present condition.
Whilst this may (hopefully) preclude buyer comeback, what would be the legal position on my allowing the car to be driven away under its own steam/smoke? From what I've read, the car must be trailered away, but what do I do if the buyer just turns up and wants to drive it anyway?
Maybe the scrappy isn't a bad option :-)
280E said:
what would be the legal position on my allowing the car to be driven away under its own steam/smoke?
Is it roadworthy?If so, then there's no problem with the buyer driving it away.
If not, then you cannot legally allow it to be driven away.
https://www.legislation.gov.uk/ukpga/1988/52/secti...
As far as "spares or repair" goes, they're not some kind of magic words... As a private seller, the only way a buyer can get any kind of comeback against you is if they can show you've misdescribed it. So don't.
Won't stop the scrotes trying it on, of course.
There is absolutely no issue selling a crap car as long as you don't describe it as mint.
I recently bought a Car for £1500 that was worth double that - the seller was on the fringes of the trade and the ad said it "drove like new" as it had 80k I was very surprised with his wording.
When it broke on the way home, I wasn't surprised due to the low price.
No doubt I could have sued but I simply fixed it for £200 then sold it for a profit.
I recently bought a Car for £1500 that was worth double that - the seller was on the fringes of the trade and the ad said it "drove like new" as it had 80k I was very surprised with his wording.
When it broke on the way home, I wasn't surprised due to the low price.
No doubt I could have sued but I simply fixed it for £200 then sold it for a profit.
TooMany2cvs said:
Is it roadworthy?
I don't know. The car is SORN at the moment, but still has 1 month's MoT left - so is taxable immediately (should the buyer bother!). Sounds like it's "trailer it away or sod off" - but that might be easier said than done with a less-than-understanding buyer on the doorstep!TooMany2cvs said:
Would YOU be happy to drive it?
It's not moved for over 6 months, so not immediately. If I planned to keep it I'd give it a good going-over first, then off for an MoT.Not sure if the scrote scare stories are all that common - maybe I'm worrying unnecessarily?
ETA: over winter, a small windscreen crack has developed into a foot-long monster, which would be a most definite MoT fail! Not sure if that counts as 'unroadworthy'?
Edited by anonymous-user on Wednesday 28th March 20:41
Edited by anonymous-user on Wednesday 28th March 20:43
You are not the buyer's keeper!
Describe the car as unroadworthy / spares or repair only / list the known faults, then agree a deal, get the money, complete the change of owner / sold to trade parts of the V5, then shake the seller's hand, go inside and leave him to get the car home however he sees fit.
It's his fault / liability / responsibility if he gets caught, nothing to do with you!
Describe the car as unroadworthy / spares or repair only / list the known faults, then agree a deal, get the money, complete the change of owner / sold to trade parts of the V5, then shake the seller's hand, go inside and leave him to get the car home however he sees fit.
It's his fault / liability / responsibility if he gets caught, nothing to do with you!
Wooda80 said:
You are not the buyer's keeper!
Describe the car as unroadworthy / spares or repair only / list the known faults, then agree a deal, get the money, complete the change of owner / sold to trade parts of the V5, then shake the seller's hand, go inside and leave him to get the car home however he sees fit.
It's his fault / liability / responsibility if he gets caught, nothing to do with you!
This sounds spot on to me.Describe the car as unroadworthy / spares or repair only / list the known faults, then agree a deal, get the money, complete the change of owner / sold to trade parts of the V5, then shake the seller's hand, go inside and leave him to get the car home however he sees fit.
It's his fault / liability / responsibility if he gets caught, nothing to do with you!
Just make sure all the paperwork is Ok and that you have a copy of the reciept you give him, with the date & TIME on it as well, in case he does anything on the way home that could come back to the registered keeper.
You can do the change of owner on line now, so do that once it's sold. That will time stamp the change of owner with DVLA.
I've done that with a number of tired old taxis. Technically road legal, but I wouldn't drive them far!
Be accurate in your description, as in off the road for six months, SORN, one month's MOT, etc and explain that it will need work for the new MOT and it's entirely at the buyer's risk if they drive it away.
Behind well and truly covered.
I've done that with a number of tired old taxis. Technically road legal, but I wouldn't drive them far!
Be accurate in your description, as in off the road for six months, SORN, one month's MOT, etc and explain that it will need work for the new MOT and it's entirely at the buyer's risk if they drive it away.
Behind well and truly covered.
280E said:
...what would be the legal position on my allowing the car to be driven away under its own steam/smoke? From what I've read, the car must be trailered away, but what do I do if the buyer just turns up and wants to drive it anyway?
Then don't create a contract with them. See below.280E said:
TooMany2cvs said:
Is it roadworthy?
I don't know. The car is SORN at the moment, but still has 1 month's MoT left - so is taxable immediately (should the buyer bother!). Sounds like it's "trailer it away or sod off" - but that might be easier said than done with a less-than-understanding buyer on the doorstep!Sending them an e-mail or text message should suffice as evidence.
You can always make it a condition of the contract if you're worried about any repercussions.
Your car: your rules. If the buyer doesn't like them they can sling their hook.
Perhaps describe as "non runner" (even if it does) that way nobody will have any expectations.
I sold a motorbike with a rod through the side of the engine this way, "engine failure" in caps in the ad.
it was only worth £800 as a runner, I stuck it on ebay as a 99p auction, it got to £400. 2 blokes turned up with a trailer, handed over cash, did the paperwork, left nice feedback, all good.
I sold a motorbike with a rod through the side of the engine this way, "engine failure" in caps in the ad.
it was only worth £800 as a runner, I stuck it on ebay as a 99p auction, it got to £400. 2 blokes turned up with a trailer, handed over cash, did the paperwork, left nice feedback, all good.
NGee said:
Red Devil said:
Your car: your rules. If the buyer doesn't like them they can sling their hook.
Not after they've bought it. Their car: their rules. If the ex owner doesn't like it - tough.Why do people have to go looking for problems that don't exist!?
<points up to link to s75, RTA88>
TooMany2cvs said:
NGee said:
Red Devil said:
Your car: your rules. If the buyer doesn't like them they can sling their hook.
Not after they've bought it. Their car: their rules. If the ex owner doesn't like it - tough.Why do people have to go looking for problems that don't exist!?
<points up to link to s75, RTA88>
He can hardly prostrate himself in front of the car if the buyer tries to drive it away. "STOP, you can't drive that away or I'll sue you for breach of contract." Or maybe tell the buyer he's been placed under citizen's arrest and must wait obediently while the police attend.
Wooda80 said:
Surely clause 6A in the above link would exonerate the seller.
RTA said:
(6)A person shall not be convicted of an offence under this section in respect of the supply or alteration of a motor vehicle or trailer if he proves—
(a)that it was supplied or altered, as the case may be, for export from Great Britain, or
(b)that he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used
6A? The export clause?(a)that it was supplied or altered, as the case may be, for export from Great Britain, or
(b)that he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used
Well, if you happen to be just outside Dover docks, and the guy has a French accent and has left you with the "Export" slip from the V5C to send to DVLA because he needs the rest, then perhaps. But if he's just filled in his address in the same town as you're in on the V5C...
Wooda80 said:
He can hardly prostrate himself in front of the car if the buyer tries to drive it away. "STOP, you can't drive that away or I'll sue you for breach of contract." Or maybe tell the buyer he's been placed under citizen's arrest and must wait obediently while the police attend.
If you collect him from the station or his mate drops him off, and there's no sign of a trailer in sight...What are the odds of being nicked? Vanishingly small. I'm not saying otherwise. But... If he gets round the corner, in a trail of sparks and smoke, straight into the arms of Mr Plod whose first question is "Why do you only have the New Keeper slip with today's date on, for a car registered half a mile away...?" "Just bought it, Officer..."
TooMany2cvs said:
Wooda80 said:
Surely clause 6A in the above link would exonerate the seller.
RTA said:
(6)A person shall not be convicted of an offence under this section in respect of the supply or alteration of a motor vehicle or trailer if he proves—
(a)that it was supplied or altered, as the case may be, for export from Great Britain, or
(b)that he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used
6A? The export clause?(a)that it was supplied or altered, as the case may be, for export from Great Britain, or
(b)that he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used
Well, if you happen to be just outside Dover docks, and the guy has a French accent and has left you with the "Export" slip from the V5C to send to DVLA because he needs the rest, then perhaps. But if he's just filled in his address in the same town as you're in on the V5C...
Wooda80 said:
He can hardly prostrate himself in front of the car if the buyer tries to drive it away. "STOP, you can't drive that away or I'll sue you for breach of contract." Or maybe tell the buyer he's been placed under citizen's arrest and must wait obediently while the police attend.
If you collect him from the station or his mate drops him off, and there's no sign of a trailer in sight...What are the odds of being nicked? Vanishingly small. I'm not saying otherwise. But... If he gets round the corner, in a trail of sparks and smoke, straight into the arms of Mr Plod whose first question is "Why do you only have the New Keeper slip with today's date on, for a car registered half a mile away...?" "Just bought it, Officer..."
[F7(6A)Paragraph (b) of subsection (6) above shall not apply in relation to a person who, in the course of a trade or business—
(a)exposes a vehicle or trailer for sale, unless he also proves that he took all reasonable steps to ensure that any prospective purchaser would be aware that its use in its current condition on a road in Great Britain would be unlawful, or
(b)offers to sell a vehicle or trailer, unless he also proves that he took all reasonable steps to ensure that the person to whom the offer was made was aware of that fact.]
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