No such thing as trade sale or no warranty

No such thing as trade sale or no warranty

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TooMany2cvs

29,008 posts

126 months

Friday 30th June 2017
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DSGbangs said:
For the first time in my life, I'm siding with TooMany2cvs.
Congratulations. It's a nice feeling, being right, isn't it? You'll get used to it.

Integroo

11,574 posts

85 months

Friday 30th June 2017
quotequote all
mwstewart said:
confused_buyer said:
In reality you are probably not technically covered. The thing is you can't write "trade sale - no warranty" but you can write "pile of crap which might last 2 hours if you're lucky" as long as you have made it clear during the sale, i.e. you can't take the payment then hand the buyer an invoice with this written on.

If you sell something as a "pile of crap which might last 2 hours" then the only onus on the seller is that they provide at least a pile of crap which has a 10% chance of lasting 2 hours. Everything has been described correctly, no one has been misled, all consumer legislation still applies and been complied with. It still has to be roadworthy though unless there is strong evidence the buyer is not going to drive off in it and is aware they should not.
When I negotiate a trade sale it means no warranty or prep of any kind so that is exactly what has been written on the invoices. I am happy to weigh up the risk and take that responsibility in return fot a reduction in the sale price, and I'll prep the car myself. Said cars are not old bangers.

Is there a way round it if I as a buyer actually knowingly consent to it?
It's quite easy, just don't pursue the garage if it turns out you bought a lemon.