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Selling locosts
stressy - 3/10/05 at 02:04 PM

Having seen a few for sale locally i just wondered:

what are the legalities of selling an "ametuer build" i.e. homemade car, is the builder liable for any issues which arise ??

dave1888 - 3/10/05 at 02:09 PM

I wouldn't think so. you have to be sure yourself its built right. If in any doubt dont buy it.

Tiger Super Six - 3/10/05 at 02:29 PM

If it has passed the SVA and subsequent MOT's then surely these must take responsability for it being safe from day one and in the future, otherwise, what's the point of the test?

VinceGledhill - 3/10/05 at 03:12 PM

If I was to sell mine. Which I'm not, but If I did, which I won't but If I did then I would get the buyer to sign a disclaimer that the builder is not responsible for the car's integrity, or some such thing. Sold as seen etc....

Hellfire - 3/10/05 at 03:42 PM

quote:
Originally posted by VinceGledhill
If I was to sell mine. Which I'm not, but If I did, which I won't but If I did then I would get the buyer to sign a disclaimer that the builder is not responsible for the car's integrity, or some such thing. Sold as seen etc....


If we were selling our's - which weren't not... we'd say 'sold as seen' as this is an indemnifier.

ReMan - 3/10/05 at 04:07 PM

quote:
Originally posted by Hellfire
quote:
Originally posted by VinceGledhill
If I was to sell mine. Which I'm not, but If I did, which I won't but If I did then I would get the buyer to sign a disclaimer that the builder is not responsible for the car's integrity, or some such thing. Sold as seen etc....


If we were selling our's - which weren't not... we'd say 'sold as seen' as this is an indemnifier.


I am NOT a soliciter (I wish I was), but I have a nasty feeling that "Sold as seen" is not a sufficient get out clause for the Sale of goods act, even in private sales, especially in the arena of 2nd hand cars
I'm happy to be wrong, but I got stung years ago, by someone who could afford a soliciter at the time

Strolls - 3/10/05 at 07:10 PM

I'm sorry to hear that ReMan got burned in the past, but this link to the RAC seems to support my previously-held understanding that in all private sales caveat emptor applies.

As long as you don't actively try to conceal any defects then you're safe. I think this actually covers you to the extent that if you're aware of a problem (say some welding needs doing to get it through the next MOT) and don't mention it then you're fine as long as the buyer doesn't ask, but that's probably irrelevant as sellers of kit cars probably have an extra incentive to be honest in these circumstances.

I don't see that you're under any legal obligation just because the car is a kit - as others have pointed out it will have an SVA &/or MOT (or will be sold as an incomplete kit). IMHO asking a prospective purchaser to sign a disclaimer is just likely to scare them off & is unnecessary.

DISCLAIMER: I am not a lawyer.

Stroller.

Gav - 3/10/05 at 07:20 PM

Ive hada problem with a car bought from a dealer and trading standards basically said that if we asked the right question and got a misleading answer then the dealer was in the wrong and we could take legal action, however since we never asked the question then the dealer was in the clear.

rusty nuts - 3/10/05 at 08:03 PM

Brought "trade in cars" in the past , the dealer put in capital lettes on invoices SOLD AS SCRAP
suspect that would put most buyers off but from the sellers point of view would cover any defects