Private car sale - Letter of court action
Discussion
Must be stunned.andyr said:
123DWA said:
I'm sure the OP has probably learnt that in the 4yrs that have passed since starting this thread 
I wasn't replying to the OP, numnutsThe Moose said:
andyr said:
123DWA said:
I'm sure the OP has probably learnt that in the 4yrs that have passed since starting this thread
I wasn't replying to the OP, numnutsAdeTuono said:
The Moose said:
andyr said:
123DWA said:
I'm sure the OP has probably learnt that in the 4yrs that have passed since starting this thread
I wasn't replying to the OP, numnutsIt makes one feel so proud.
andyr said:
The Moose said:
Great (and the correct!) result for you.
The bit I bolded above - does that mean you are unable to sell a car that is not road worthy as a private person even if it's described with it's faults?
If its not road worthy you have to sell it as "spares and repairs". You should not allow a test drive as you are the Keeper and its not roadworthy. The car must not be driven away from you - it has to be taken on a truck/towed etc.The bit I bolded above - does that mean you are unable to sell a car that is not road worthy as a private person even if it's described with it's faults?
If you sell a car after an MOT fail and just want to get rid of it for scrap you have to follow the above.
You just have to describe it correctly. If it failed it's MOT, "MOT failure" would be fine. If it had bald tyres then "needs new tyres" would be fine. You don't actually have to identify faults, just be truthful if asked.
What the buyer does with it after that doesn't matter. They could repair it, scap it, break it, use it as a lawn ornament etc
Edited by 98elise on Friday 3rd June 13:42
98elise said:
andyr said:
The Moose said:
Great (and the correct!) result for you.
The bit I bolded above - does that mean you are unable to sell a car that is not road worthy as a private person even if it's described with it's faults?
If its not road worthy you have to sell it as "spares and repairs". You should not allow a test drive as you are the Keeper and its not roadworthy. The car must not be driven away from you - it has to be taken on a truck/towed etc.The bit I bolded above - does that mean you are unable to sell a car that is not road worthy as a private person even if it's described with it's faults?
If you sell a car after an MOT fail and just want to get rid of it for scrap you have to follow the above.
98elise said:
Putting aside the age of the thread, can you give a link to the law that says it must be sold as for "spares or repairs"?
Its illegal to sell a car that is unroadworthy - privately or via a dealer.Edited by 98elise on Friday 3rd June 13:42
"Selling an unroadworthy vehicle is illegal, unless the individual wants to purchase it for repairs or spare parts."
https://www.daslaw.co.uk/blog/selling-a-car-rights...
You can't allow them to have a test drive or drive it away - you can be prosecuted.
"The Road Traffic Act 1988 makes it an offence to sell an unroadworthy car. The Act does not distinguish between private sellers and motor traders."
https://www.wigan.gov.uk/Resident/Consumer-Advice/...
andyr said:
Its illegal to sell a car that is unroadworthy - privately or via a dealer.
"Selling an unroadworthy vehicle is illegal, unless the individual wants to purchase it for repairs or spare parts."
https://www.daslaw.co.uk/blog/selling-a-car-rights...
You can't allow them to have a test drive or drive it away - you can be prosecuted.
"The Road Traffic Act 1988 makes it an offence to sell an unroadworthy car. The Act does not distinguish between private sellers and motor traders."
https://www.wigan.gov.uk/Resident/Consumer-Advice/...
However it's worth adding that this does not give the buyer any right to a refund, over and above the rights he would have as a buyer in any other private sale. See subsection 7. It's a piece of road safety legislation, not a piece of consumer protection legislation. "Selling an unroadworthy vehicle is illegal, unless the individual wants to purchase it for repairs or spare parts."
https://www.daslaw.co.uk/blog/selling-a-car-rights...
You can't allow them to have a test drive or drive it away - you can be prosecuted.
"The Road Traffic Act 1988 makes it an offence to sell an unroadworthy car. The Act does not distinguish between private sellers and motor traders."
https://www.wigan.gov.uk/Resident/Consumer-Advice/...
https://www.legislation.gov.uk/ukpga/1988/52/secti...
andyr said:
98elise said:
Putting aside the age of the thread, can you give a link to the law that says it must be sold as for "spares or repairs"?
Its illegal to sell a car that is unroadworthy - privately or via a dealer.Edited by 98elise on Friday 3rd June 13:42
"Selling an unroadworthy vehicle is illegal, unless the individual wants to purchase it for repairs or spare parts."
https://www.daslaw.co.uk/blog/selling-a-car-rights...
You can't allow them to have a test drive or drive it away - you can be prosecuted.
"The Road Traffic Act 1988 makes it an offence to sell an unroadworthy car. The Act does not distinguish between private sellers and motor traders."
https://www.wigan.gov.uk/Resident/Consumer-Advice/...
rambo19 said:
...the new owner had taken it to a local garage and they had told them that it could not have passed its MOT due to a list of issues:
slipping clutch
rotten flow in horse stalls
no spare tyre
no horn (the horn isnt on the steering wheel but a button on the dashboard - so maybe the garage missed it??)
None of which would be a fail.
No horn is a fail.
back in the 80's i took my car for an mot, it was snowing quite heavily and myself and one other guy were standing just inside the doors keeping dry.slipping clutch
rotten flow in horse stalls
no spare tyre
no horn (the horn isnt on the steering wheel but a button on the dashboard - so maybe the garage missed it??)
None of which would be a fail.
No horn is a fail.
the other guy was having a citroen mot'd (don't know the model) the car was up on the ramps with the front wheels lifted and chocked out of contact with the ramps surface (trying wheel bearings for movement i guess?).
the citroen moved slightly, enough to alarm the tester, and the man doing the testing said "wow! handbrakes not very good is it?" to the waiting owner, to which he replied " it's on the front wheels on this model"
and i thought you were on your way to a fail had you not been on the spot to correct the tester.
andyr said:
98elise said:
Putting aside the age of the thread, can you give a link to the law that says it must be sold as for "spares or repairs"?
Its illegal to sell a car that is unroadworthy - privately or via a dealer.Edited by 98elise on Friday 3rd June 13:42
"Selling an unroadworthy vehicle is illegal, unless the individual wants to purchase it for repairs or spare parts."
https://www.daslaw.co.uk/blog/selling-a-car-rights...
You can't allow them to have a test drive or drive it away - you can be prosecuted.
"The Road Traffic Act 1988 makes it an offence to sell an unroadworthy car. The Act does not distinguish between private sellers and motor traders."
https://www.wigan.gov.uk/Resident/Consumer-Advice/...
As somebody else asked, please state the legislation that is worded as you stated, i.e. must be sold for spares or repair only.
MustangGT said:
andyr said:
98elise said:
Putting aside the age of the thread, can you give a link to the law that says it must be sold as for "spares or repairs"?
Its illegal to sell a car that is unroadworthy - privately or via a dealer.Edited by 98elise on Friday 3rd June 13:42
"Selling an unroadworthy vehicle is illegal, unless the individual wants to purchase it for repairs or spare parts."
https://www.daslaw.co.uk/blog/selling-a-car-rights...
You can't allow them to have a test drive or drive it away - you can be prosecuted.
"The Road Traffic Act 1988 makes it an offence to sell an unroadworthy car. The Act does not distinguish between private sellers and motor traders."
https://www.wigan.gov.uk/Resident/Consumer-Advice/...
As somebody else asked, please state the legislation that is worded as you stated, i.e. must be sold for spares or repair only.
colin_p said:
southendpier said:
iphonedyou said:
andyr said:
I wasn't replying to the OP, numnuts
You replied to a dead thread, numnuts.IMHO.
National Union of Mineworkers (NUM), Nomenclature of territorial units for statistics (NUTS)
andyr said:
98elise said:
Putting aside the age of the thread, can you give a link to the law that says it must be sold as for "spares or repairs"?
Its illegal to sell a car that is unroadworthy - privately or via a dealer.Edited by 98elise on Friday 3rd June 13:42
"Selling an unroadworthy vehicle is illegal, unless the individual wants to purchase it for repairs or spare parts."
https://www.daslaw.co.uk/blog/selling-a-car-rights...
You can't allow them to have a test drive or drive it away - you can be prosecuted.
"The Road Traffic Act 1988 makes it an offence to sell an unroadworthy car. The Act does not distinguish between private sellers and motor traders."
https://www.wigan.gov.uk/Resident/Consumer-Advice/...
Does this man I can't sell an MOT failure as "Spares or Repair"?
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