Selling a car with no MOT, who's responsible?
Selling a car with no MOT, who's responsible?
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Discussion

Alfa GTV

Original Poster:

257 posts

192 months

Thursday 3rd July 2014
quotequote all
I am selling a car with no MOT, it went in for an MOT and failed on a few things, I have no inclination to fix it up or re-MOT it, even if fixed the cars value is minimal anyway.

I have a prospective buyer lined up and he is aware of the MOT failure and sheet is included, I am not sure if he does buy it how he has planned to remove it? I have a used car sales invoice which states "Sold as seen" and in the notes I have put in "no MOT".

In the sales invoice should he buy, I will include a time of sale.

Should buyer purchase car and drive away and get stopped who is in the blame?

Impasse

15,099 posts

270 months

Thursday 3rd July 2014
quotequote all
The new owner.

Snowboy

8,028 posts

180 months

Thursday 3rd July 2014
quotequote all
The new owner.

However, if he books it in for an MOT near his house he can drive to that MOT without an MOT.

Assuming it's not unsafe or illegal in other ways.

TheAngryDog

13,229 posts

238 months

Thursday 3rd July 2014
quotequote all
Once the buyer has bought the car, it becomes their responsibility. The could book the car in for another MOT and that would equally cover them.

Alfa GTV

Original Poster:

257 posts

192 months

Thursday 3rd July 2014
quotequote all
Thanks for your speedy responses.

Toaster Pilot

14,863 posts

187 months

Thursday 3rd July 2014
quotequote all
I'd put "The vehicle is not roadworthy at the point of sale and should not be driven" or something like that on the receipt.

But the buyer is 100% liable as long as you haven't lied to them about the MOT which you haven't.

The Moose

23,677 posts

238 months

Thursday 3rd July 2014
quotequote all
Alfa GTV said:
...and in the notes I have put in "no MOT"...
I wouldn't put that - I'd put something along the lines of:

"Vehicle failed MOT on xxth of xxxx and rectification works haven't been carried out"

Or something similar. The reason for this is that it's not just a car that has no MOT, it's a car that has failed it's MOT and by putting something similar in, I can't see how you'd be to blame.

TEKNOPUG

20,468 posts

234 months

Thursday 3rd July 2014
quotequote all
I'm sure that you can drive the car on the road with no MOT, providing the journey you are making is to the MOT station (you'd need to actually have an appointment booked).

Of course though, once you've sold the car, it's no longer your issue.

thatdude

2,660 posts

156 months

Thursday 3rd July 2014
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If you buy a car with no MoT or an MoT that's about to expire, then be prepared to foot the bill for any problems.

andy-xr

13,204 posts

233 months

Thursday 3rd July 2014
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It's a £60 penalty and no points, leave them to it

johnny fotze

394 posts

154 months

Thursday 3rd July 2014
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doogz said:
I'll probably be corrected on this, but as far as I'm aware, regardless of who owns the car, the driver is responsible. You don't get points for having no MOT, but obviously if any of the failures are picked up upon, they might issues points and a fine for these things.
I agree, which means you are correct.

graham22

3,326 posts

234 months

Thursday 3rd July 2014
quotequote all
Be careful, clear issue a receipt, copied, stating the car is sold as unroadworthy & for spares.

I once sold a Golf GTI where the MoT had expired, the buyer & his mate spent ages going through it, identifying work etc. Car & Buyer left.

A week later I had a phone call where the buyer wanted his money back, he had taken the car to a local VW specialist to do all of the work - obviously not going to be economical. He pointed out that the car should have been sold in a roadworthy condition, after taking much legal advice, despite the car being sold without a MoT, it was illegal for me to sell in an unroadworthy condition.

Money refunded, car sold again but this time as spares, local lad with the skills did a good job in getting it back on the road.


johnny fotze

394 posts

154 months

Thursday 3rd July 2014
quotequote all
graham22 said:
Be careful, clear issue a receipt, copied, stating the car is sold as unroadworthy & for spares.

I once sold a Golf GTI where the MoT had expired, the buyer & his mate spent ages going through it, identifying work etc. Car & Buyer left.

A week later I had a phone call where the buyer wanted his money back, he had taken the car to a local VW specialist to do all of the work - obviously not going to be economical. He pointed out that the car should have been sold in a roadworthy condition, after taking much legal advice, despite the car being sold without a MoT, it was illegal for me to sell in an unroadworthy condition.

Money refunded, car sold again but this time as spares, local lad with the skills did a good job in getting it back on the road.
Internet legal advice, fella down the pub legal advice, or proper proffessional in exchange for money legal advice?