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marjan

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Sold as seen ??
« on: October 13, 2009, 20:25:13 »
When selling a car if you write "sold as seen " on buyers reciept does it actually have any legal standing in British law ? :? :? :?
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Offline TDi90

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Re: Sold as seen ??
« Reply #1 on: October 13, 2009, 20:38:00 »
i dont know
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Offline ben-dent

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Re: Sold as seen ??
« Reply #2 on: October 13, 2009, 20:39:40 »
it should but i doubt it very much
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Offline woody

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Re: Sold as seen ??
« Reply #3 on: October 13, 2009, 21:16:32 »
its still got to be fit for purpose
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Offline TechnoTurkey

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Re: Sold as seen ??
« Reply #4 on: October 13, 2009, 21:24:33 »
As far as I am aware, in a private sale it is buyer beware and they have no comeback at all if there are any problems, it is the buyers responsibility to know what they are buying.

If you are a commercial entity and selling something then it is a different story.
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Offline glaggs

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Re: Sold as seen ??
« Reply #5 on: October 13, 2009, 21:46:09 »
Even in a private sale if you sell a vehicle without declaring any known  faults you are liable if subsequently the vehicle causes accident or injury. If you sell as unroad worthy and insist it is taken away on a trailer then you should be OK.
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Offline redhand

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Re: Sold as seen ??
« Reply #6 on: October 13, 2009, 21:59:27 »
[quote au  sale if you sell a vehicle without declaring any known  faults you are liable if subsequently the vehicle causes accident or injury. If you sell as unroad worthy and insist it is taken away on a trailer then you should be OK.
[/quote]

yep that's how I've always understood it as well.

Just googled this and Trading standards seem to agree as well :D

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marjan

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Re: Sold as seen ??
« Reply #7 on: October 14, 2009, 07:06:54 »
Thanks for the replys. I'm selling my Shogun and it is in perfect condition but I have always wondered what would happen if a buyer went away, thrashed the hell out of it and blew the engine, then came back saying they wanted their money back. =; =; =;
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Offline Jas278

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Re: Sold as seen ??
« Reply #8 on: October 14, 2009, 09:15:30 »
A customer always has Statutory Rights when selling anything , you can put what you like on a receipt and it means diddly squat....
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Offline dxmedia

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Re: Sold as seen ??
« Reply #9 on: October 14, 2009, 11:02:15 »
Sold as seen tried and tested will stand up in court -- if your a private seller, and if your not trying to hide anything.

I've been there and won. Judge declaired buyer beware and he'd tried and tested the vehicle before he bought it. I was unaware of any faults. (before having a go, I was 17 and selling my first car at the time, his daughter complained of bad brakes soon after - and low and behold a mate of mine showed me a pic of it parked in a ditch between the sale and the court (didnt see the pic till after)- seems the daugter wasn't telling daddy the whole story)

If your a trader then the trade decription act comes in and you've issues. Statutory rights again are for trade.
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Offline glaggs

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Re: Sold as seen ??
« Reply #10 on: October 14, 2009, 22:20:28 »
Quote from: dxmedia on October 14, 2009, 11:02:15
Sold as seen tried and tested will stand up in court -- if your a private seller, and if your not trying to hide anything.

I've been there and won. Judge declaired buyer beware and he'd tried and tested the vehicle before he bought it. I was unaware of any faults. (before having a go, I was 17 and selling my first car at the time, his daughter complained of bad brakes soon after - and low and behold a mate of mine showed me a pic of it parked in a ditch between the sale and the court (didnt see the pic till after)- seems the daugter wasn't telling daddy the whole story)

If your a trader then the trade decription act comes in and you've issues. Statutory rights again are for trade.

How long ago was this. I worked in the motor trade for many years and around 200o there was amajor change in the law which left even a private seller liable for injury or damages caused by selling faulty goods - whether the fault was known or not.
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Offline dxmedia

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Re: Sold as seen ??
« Reply #11 on: October 14, 2009, 22:53:49 »
Quote from: glaggs on October 14, 2009, 22:20:28
Quote from: dxmedia on October 14, 2009, 11:02:15
Sold as seen tried and tested will stand up in court -- if your a private seller, and if your not trying to hide anything.

I've been there and won. Judge declaired buyer beware and he'd tried and tested the vehicle before he bought it. I was unaware of any faults. (before having a go, I was 17 and selling my first car at the time, his daughter complained of bad brakes soon after - and low and behold a mate of mine showed me a pic of it parked in a ditch between the sale and the court (didnt see the pic till after)- seems the daugter wasn't telling daddy the whole story)

If your a trader then the trade decription act comes in and you've issues. Statutory rights again are for trade.

How long ago was this. I worked in the motor trade for many years and around 200o there was amajor change in the law which left even a private seller liable for injury or damages caused by selling faulty goods - whether the fault was known or not.

about 96?

A private seller was liable back then, if they knew about a fault. If you don't know about a fault you can't be liable since there is no intent.

Grew up in the trade myself, but not had much to do with it since the late 90's so if things have changed then I don't know.

I've a mate who's a solicitor though, his best bit of advice with law is, if it sounds fair it's probably legal. If you think your taking the [throw it], it's probably illegal.
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Offline Jas278

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Re: Sold as seen ??
« Reply #12 on: October 17, 2009, 08:54:44 »
Put what you like on a receipt , trade or private it .....a buyer has statuary rights , if it goes to court your receipt has little bearing on things , the judge will decide if the seller is liable ...
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marjan

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Re: Sold as seen ??
« Reply #13 on: October 17, 2009, 11:00:12 »
Hee Hee, after all that I forgot to give him a reciept for the money but he was highly delighted with the car for the price he paid.
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Offline lurch_917

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Re: Sold as seen ??
« Reply #14 on: October 21, 2009, 20:30:13 »
as far as i know sold as seen dont have a leg to stand on but sold without warranty is exactly that you sell with no garanty
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