No such thing as trade sale or no warranty

No such thing as trade sale or no warranty

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anonymous-user

Original Poster:

53 months

Tuesday 27th June 2017
quotequote all
A trader has been prosecuted even though the invoice said "trade sale, no warranty, spare and repairs"

All the driveway and small time traders trying to get out of there responsibilities, take note

http://www.bournemouthecho.co.uk/news/15373538.Car...__dangerous__Alfa_Romeo_to_family_after_misleading_them_over_vehicle/

Alucidnation

16,810 posts

169 months

Tuesday 27th June 2017
quotequote all
It's been this way for a long time.

It's just that some 'traders' try it on and get away with it most of the time.

Zetec-S

5,832 posts

92 months

Tuesday 27th June 2017
quotequote all
Saw this earlier, typical local reporting as I don't think it gives the whole story.

Trader stated the car was a 'lovely drive superb throughout', so perhaps contradicting himself? Or perhaps they didn't mention anything about the issues in the advert, and then tagged on 'spares or repair' to the final invoice to cover himself?

99dndd

2,079 posts

88 months

Tuesday 27th June 2017
quotequote all
Article said:
Weymouth Magistrates Court heard, last week, how the Alfa Romeo 159 car was described as a 'lovely drive superb throughout'
If it's not as described...

TooMany2cvs

29,008 posts

125 months

Tuesday 27th June 2017
quotequote all
He sold an unroadworthy car, then allowed the customer to drive it away. That's an offence against s75 of RTA, in and of itself, whether or not it was for normal money, or whatever he put on the receipt.

The fact his ad said "superb throughout", while it wasn't, is a separate issue to that main one.

Guilty, three offences - RTA, two consumer rights.

"Warranty" doesn't even come into it.

Zetec-S

5,832 posts

92 months

Tuesday 27th June 2017
quotequote all
Again, article is very light on details, so depends on how you read into it.

article said:
After the purchase the customer became concerned about the safety of the car and submitted it for an MOT. The car failed this MOT
So you could interpret this as car didn't come with an mot and the customer took it away for one at a later date. Which could support the spares or repair argument?

Little Pete

1,513 posts

93 months

Tuesday 27th June 2017
quotequote all
Zetec-S said:
Saw this earlier, typical local reporting as I don't think it gives the whole story.

Trader stated the car was a 'lovely drive superb throughout', so perhaps contradicting himself? Or perhaps they didn't mention anything about the issues in the advert, and then tagged on 'spares or repair' to the final invoice to cover himself?
I think this is more likely. There is no law against selling a vehicle for spares or repair only, provided you don't try to represent it as something first.

mcford

819 posts

173 months

Tuesday 27th June 2017
quotequote all
A dealer isn't required to give a warranty with a car, however they do have to comply with consumer legislation.

anonymous-user

Original Poster:

53 months

Tuesday 27th June 2017
quotequote all
Little Pete said:
Zetec-S said:
Saw this earlier, typical local reporting as I don't think it gives the whole story.

Trader stated the car was a 'lovely drive superb throughout', so perhaps contradicting himself? Or perhaps they didn't mention anything about the issues in the advert, and then tagged on 'spares or repair' to the final invoice to cover himself?
I think this is more likely. There is no law against selling a vehicle for spares or repair only, provided you don't try to represent it as something first.
Exactly this, he pretended it was a perfect car, when in fact it was dangerous, and tried to cover himself with the whole sold as seen trade sale spares and repairs bravado we see floating around the web all too often.

Most traders are decent ofcourse, a few ruin it for the rest though unfortunately!

TooMany2cvs

29,008 posts

125 months

Tuesday 27th June 2017
quotequote all
Little Pete said:
I think this is more likely. There is no law against selling a vehicle for spares or repair only, provided you don't try to represent it as something first.
Except there is...
Local rag said:
A subsequent expert examination found the car was dangerous to drive because of extensive corrosion, and that a broken coil spring would have altered the handling, possibly leading to an accident.
Unroadworthy.
http://www.legislation.gov.uk/ukpga/1988/52/sectio...
Illegal to sell unroadworthy, unless it is not driven away.

On a side note... Alfa 159? Rotten? 2004-2011...? Blimey.

SonicShadow

2,452 posts

153 months

Tuesday 27th June 2017
quotequote all
TooMany2cvs said:
Unroadworthy.
http://www.legislation.gov.uk/ukpga/1988/52/sectio...
Illegal to sell unroadworthy, unless it is not driven away.

On a side note... Alfa 159? Rotten? 2004-2011...? Blimey.
Well, it is an Alfa!

TooMany2cvs

29,008 posts

125 months

Tuesday 27th June 2017
quotequote all
SonicShadow said:
TooMany2cvs said:
Unroadworthy.
http://www.legislation.gov.uk/ukpga/1988/52/sectio...
Illegal to sell unroadworthy, unless it is not driven away.

On a side note... Alfa 159? Rotten? 2004-2011...? Blimey.
Well, it is an Alfa!
The 1980s called, they'd like their lazy stereotypes back...

SonicShadow

2,452 posts

153 months

Tuesday 27th June 2017
quotequote all
And yet, here we are with a rotten 2000's Alfa. hehe

Cold

15,207 posts

89 months

Tuesday 27th June 2017
quotequote all
Has the driver been prosecuted for driving an unroadworthy car?

datum77

470 posts

120 months

Tuesday 27th June 2017
quotequote all
Many, many, many years ago - when running my own garage, if I sold a vehicle that had a current MOT and tax, but to my mind was essentially a "banger" - I was told that if I wrote "This Vehicle Is Sold As Scrap" on the invoice, (and bought that statement to the attention of the buyer), it covered me from any potential claim in the future. I did this on a number of occasions and never once had any comeback.

I have no idea as to whether that situation still applies.

Krikkit

26,500 posts

180 months

Tuesday 27th June 2017
quotequote all
SonicShadow said:
And yet, here we are with a rotten 2000's Alfa. hehe
Much like the BMW, Mercedes, Audi and VW of the same era then...

TooLateForAName

4,728 posts

183 months

Tuesday 27th June 2017
quotequote all
datum77 said:
Many, many, many years ago - when running my own garage, if I sold a vehicle that had a current MOT and tax, but to my mind was essentially a "banger" - I was told that if I wrote "This Vehicle Is Sold As Scrap" on the invoice, (and bought that statement to the attention of the buyer), it covered me from any potential claim in the future. I did this on a number of occasions and never once had any comeback.

I have no idea as to whether that situation still applies.
That 'advice' was worth less than you paid for it.

TooMany2cvs

29,008 posts

125 months

Tuesday 27th June 2017
quotequote all
datum77 said:
Many, many, many years ago - when running my own garage, if I sold a vehicle that had a current MOT and tax, but to my mind was essentially a "banger" - I was told that if I wrote "This Vehicle Is Sold As Scrap" on the invoice, (and bought that statement to the attention of the buyer), it covered me from any potential claim in the future. I did this on a number of occasions and never once had any comeback.
Did you also make sure it was trailered away? That's the key test... <points up to RTA legislation link>

JD66

159 posts

122 months

Wednesday 28th June 2017
quotequote all
The problem with these types of prosecutions are that they ruin things for the person looking for a cheap runaround who knows what they're looking for and knows it's a trade car so to check it before purchase. There was a large main dealer my dad always used to go to where they sold the trade ins out the back for spares or repairs. We bought 3 cars from there over a 13 year period (a focus, a primera and a sunny) and all had fsh and were very reliable and cheap due to the sales terms. Someone then bought one without checking it over, ignored the terms of sale and complained to trading standards when it went wrong. The dealer got prosecuted and now a car that would have cost £500 is now £2500 as they have to deal with it if it goes wrong and all the people who got cheap decent cars for at least 13 years are missing out as they're being scrapped or being sold for several times the price.

nct001

733 posts

132 months

Wednesday 28th June 2017
quotequote all
JD66 said:
The problem with these types of prosecutions are that they ruin things for the person looking for a cheap runaround who knows what they're looking for and knows it's a trade car so to check it before purchase. There was a large main dealer my dad always used to go to where they sold the trade ins out the back for spares or repairs. We bought 3 cars from there over a 13 year period (a focus, a primera and a sunny) and all had fsh and were very reliable and cheap due to the sales terms. Someone then bought one without checking it over, ignored the terms of sale and complained to trading standards when it went wrong. The dealer got prosecuted and now a car that would have cost £500 is now £2500 as they have to deal with it if it goes wrong and all the people who got cheap decent cars for at least 13 years are missing out as they're being scrapped or being sold for several times the price.
Exactly.

A broken coil spring... waking up this morning about to drive to work there will be over a thousand BMW motorists all with broken coil springs... and they will make it home alive.

Excessive corrosion - probably been taken out of context - chances are it's corrosion to under body or brake pipes.

There's basically nothing wrong with the car.

I bet the fine is never paid.