Traders attempting to dodge trade liability?
Discussion
There's a chap selling cars near me who has two or three for sale at once (from his home), with the prices in the windows etc. (so absolutely not pretending he isn't a trader). But on his adverts, he invariably describes all of his cars as "for spares or repair" to sometimes "trade sale only", even though the cars come with 12 months MOT and usually a good service record.
Is this just an attempt to remove all possibility of any comeback from Joe Public should a car he sells bork itself?
Am I right in thinking that no amount of advert schpeel would remove his trader responsibilities?
Is this just an attempt to remove all possibility of any comeback from Joe Public should a car he sells bork itself?
Am I right in thinking that no amount of advert schpeel would remove his trader responsibilities?
What's the crack here, then?
Description
This vehicle was taken in as part exchange and we are advertising it on a sold as seen basis. The car drives exceptionally well – there are no issues that we are aware of. Silver, 3 owners.
https://www.autotrader.co.uk/classified/advert/202...
Description
This vehicle was taken in as part exchange and we are advertising it on a sold as seen basis. The car drives exceptionally well – there are no issues that we are aware of. Silver, 3 owners.
https://www.autotrader.co.uk/classified/advert/202...
Buy a cheap car under a grand, likely over ten years old and over 100k miles and with the cra15 on a sliding scale on consumer rights there really is no come back. Someone buying from a driveway trader like this shouldnt expect any kind of warranty whatsoever. You wouldn't expect a warranty on a ten year old washing machine so why a car. Both are mechanical objects prone to wear and breakage, there's no way you can possibly guarantee either, it's just the luck of the drawer.
Theres plenty on here who like to quote the letter of the law on consumer rights but in reality you have to be realistic on old mechanical s
te.
Want a cast iron guarantee then buy new..
Theres plenty on here who like to quote the letter of the law on consumer rights but in reality you have to be realistic on old mechanical s
te. Want a cast iron guarantee then buy new..
Edited by A1VDY on Saturday 25th July 21:59
A1VDY said:
Buy a cheap car under a grand, likely over ten years old and over 100k miles and with the cra15 on a sliding scale on consumer rights there really is no come back.
At a bare minimum should be as described and roadworthy (unless described as not).I did wonder what faults would exist on an old used car for sale that is not wear and tear, or not roadworthyness/description ?
A1VDY said:
Someone buying from a driveway trader like this shouldnt expect any kind of warranty whatsoever. You wouldn't expect a warranty on a ten year old washing machine so why a car. Both are mechanical objects prone to wear and breakage, there's no way you can possibly guarantee either, it's just the luck of the drawer.
Any trader/dealer has no obligation to provide a warranty, no matter the age of the car.Even though I've had warranty on my last 3 used cars, that were around 10 years old, I assumed the warranty to be worthless due to age related wear and tear being excluded and anything else being covered by rights.
Mexman said:
Sterillium said:
Mexman said:
Your never going to fully eradicate doorstep traders, so stop trying.
Yes, that's it, I'm trying to fully eradicate doorstep traders...
Cool story bro.A1VDY said:
Buy a cheap car under a grand, likely over ten years old and over 100k miles and with the cra15 on a sliding scale on consumer rights there really is no come back. Someone buying from a driveway trader like this shouldnt expect any kind of warranty whatsoever. You wouldn't expect a warranty on a ten year old washing machine so why a car. Both are mechanical objects prone to wear and breakage, there's no way you can possibly guarantee either, it's just the luck of the drawer.
Theres plenty on here who like to quote the letter of the law on consumer rights but in reality you have to be realistic on old mechanical ste.
Want a cast iron guarantee then buy new..
Totally agree with all of this - I don't particularly trust warranties or guarantees from anyone; even new ones seem to to be somewhat less than cast iron these days... What I don't understand is why someone in the trade, who isn't making any attempt to hide that fact, would risk giving such a bad impression by trying to add pointless weasel words to otherwise quite tempting adverts.Theres plenty on here who like to quote the letter of the law on consumer rights but in reality you have to be realistic on old mechanical s
te. Want a cast iron guarantee then buy new..
Must be just another example of a very strange cowboy salesman with no real idea what he's talking about.
Mexman said:
What are you whinging about then?
I suppose the point is that a less clued up member of the public could buy from him under the misapprehension some value is attributed to buying from a trader as opposed to privately. And fellow traders might be aggrieved that he is able to undercut them by attempting to discharge his legal liability and the associated costs.
My question is whether he is doing it as an occupation, or a hobby on the side? I’m not sure it makes a difference but I enjoy working on and improving cars (as much as, if not more than, driving them). If I ever fancied turning cars around, registered in my name, and selling for a small profit, where would I stand? In retirement I’d quite fancy doing this on classics.
griffter said:
Mexman said:
What are you whinging about then?
I suppose the point is that a less clued-up member of the public could buy from him under the misapprehension some value is attributed to buying from a trader as opposed to privately. And fellow traders might be aggrieved that he is able to undercut them by attempting to discharge his legal liability and the associated costs.
Thinking optimistically perhaps he is attempting to manage customer expectations so they buy the car fully aware it may/will have faults.
But in reality, he is likely attempting to dodge his responsibilities in regard to customer care and is probably dodging his responsibilities in regard to taxes also.
But in reality, he is likely attempting to dodge his responsibilities in regard to customer care and is probably dodging his responsibilities in regard to taxes also.
Nickp82 said:
Thinking optimistically perhaps he is attempting to manage customer expectations so they buy the car fully aware it may/will have faults.
But in reality, he is likely attempting to dodge his responsibilities in regard to customer care and is probably dodging his responsibilities in regard to taxes also.
If you buy a car advertised as spares or repairs then there's no comeback or consumer rights as the car is advertised as such, so if you have to do any repairs you would have bought at a price to expect this.But in reality, he is likely attempting to dodge his responsibilities in regard to customer care and is probably dodging his responsibilities in regard to taxes also.
As for his taxes only he & the taxman know how much he's declaring & I for one wouldn't make assumptions on that especially as he's not even trying to offer a warranty, which for me is refreshing which gives the consumer the choice to walk away.
ZX10R NIN said:
As for his taxes only he & the taxman know how much he's declaring & I for one wouldn't make assumptions on that especially as he's not even trying to offer a warranty, which for me is refreshing which gives the consumer the choice to walk away.
I don’t think it causes anyone any harm to make assumptions when we have no clue who the person in question is 
I am not sure what you mean by that last bit re walking away, could you expand?
Personally, I am not at all a fan of warranties (in terms of third party supplied policies), I am a small car dealer and don’t supply a third party warranty, instead I deal with issues before sale where possible and deal with any post sale problems out of my own pocket.
This is why I find the practise of advertising ‘trade sales’ mildly annoying though I take your point about ‘spares or repair’ as that is a clearer message.
I'm saying by advertising a car as spares & repairs you know they'll be no warranty & the car may or may not have issues at which point you can walk away.
I have to say Trade Sale adverts annoy me as well & I never bother looking any further but spares or repairs I will take a look at depending on budget.
I have to say Trade Sale adverts annoy me as well & I never bother looking any further but spares or repairs I will take a look at depending on budget.
Sterillium said:
There's a chap selling cars near me who has two or three for sale at once (from his home), with the prices in the windows etc. (so absolutely not pretending he isn't a trader). But on his adverts, he invariably describes all of his cars as "for spares or repair" to sometimes "trade sale only", even though the cars come with 12 months MOT and usually a good service record.
Is this just an attempt to remove all possibility of any comeback from Joe Public should a car he sells bork itself?
Am I right in thinking that no amount of advert schpeel would remove his trader responsibilities?
Spares or repair would only hold water if the car has to be / is trailered away.Is this just an attempt to remove all possibility of any comeback from Joe Public should a car he sells bork itself?
Am I right in thinking that no amount of advert schpeel would remove his trader responsibilities?
If they drive off in it then if / when it got to a small claims court the judge would take a very dim view of it, particularly if someone could show a history of adverts with that sort of language in it.
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