Sold then came back...........help !

[Velorum]

As regards the buyer bringing the car back - one thing I started doing some time ago when selling a car was to write out a 'sales agreement' stating that the care was purchased on a 'as seen and approved' basis with no warranty 'offered or implied'. Confirmation that ownership has changed upon signing is included with time and date. 2 copies signed by both parties. Ive only had one person query this - I told him that it was in both our interests as it confirmed his ownership as well as protecting me - no signature - no sale. He signed and left with the car!

Regards
Ian

I do the same - basically it is just writing a receipt. Even as a buyer, there are certain things you want covered. I just write out something that says the seller has received payment for the car (and list exactly what is included e.g radio, spare wheel etc.) and the buyer has been "sold the car as seen". Doesn't normally cause an issue to write such a document, 2 copies which both of us sign and date.

Legally, my understanding is that provided a private seller does not knowingly sell a car which is not roadworthy then they are not liable for anything. Hence why buying privately you find prices are somewhat less than a motor trader. Any dealer must provide a minimum of 1 (or is it 3?) months warranty on the engine (and transmission as well, I think) even if they do not specifically tell you they are doing so.

Pete

[Velorum]

I think that the confirmation of change of ownership with time in addition to date is also important in these days of speed cameras etc!

[Velorum]

Oh - forgot to say - when I buy a car, if its a fair sum such as 2K + I ask the seller to confirm that its not subject to a finance agreement etc. If I view a car with the possibility of buying it there and then I usualy prepare a sales agreement with blank spaces that can be completed at the time - no one has ever argued about signing both copies. Its suprising how many people believe that the cars log book proves ownership - despite the fact that the document states clearly that it does not. You need some kind of receipt or sales invoice to prove that you really do own the car!

[rogerthechorister]

Always do an HPI check. A breach of a warranty is no help if the rogue who fraudulently warranted there was no HP has skipped. An express warranty is unncessary as a condition will be implied by S 12 Sale of Goods Act 1979 (as amended) whether the seller is in business or not.

Ownership of a chattel passes by delivery, so a receipt is not necessary to prove ownership. It certainly is helpful.

Although the terms as to condition of goods in the Soga are only implied in a sale by a business, a term as to condition may (won't always) become part of the contract expressly, by factual implication, and indeed by the concealment of a defect.

A representation precedes but is not part of the contract and may arise expressly or by conduct.

An exclusion clause, saying for example that there is no liability for a breach of contract term or representation (and in some cases that thereis no contract term to such and such effect) has to be included in the contract BY THE TIME OF AND NOT AFTER CONCLUSION OF THE CONTRACT.

So £xxx - OK - deal - form of receipt is a chain of events in which the exclusion clause is NOT part of the contract.

[Velorum]

Well thats easy for you to say!

But seriously, thanks for the clarification.

Ian