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DavidL



Member Since: 14 Nov 2013
Location: wiltshire
Posts: 97

England 
The age old warranty issue

Am I correct in thinking what this ad auggests can't be upheld to a private seller?
https://www.autotrader.co.uk/classified/ad...amp;page=1

That there can be no such thing as a "trade" sale. If its sold as a car it has to be fit for purpose?

Equally what mechanism can a garage use to sell things that are clearly broken for those with the mechanical knowledge to buy cheap and fix themselves, without opening themselves up to litigation.

This isn't really that cheap considering the potential bork factor.

Post #467136 3rd Feb 2018 5:24pm
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CS



Member Since: 14 Apr 2015
Location: Edinburgh
Posts: 700

Scotland 2017 Range Rover Autobiography 5.0 SC V8 Corris Grey

Your starting point should be the Sale of Goods Act and the Consumer Rights Act 2015, in particular section 9 of the latter. They can be found via google.

The trader can't exclude the contract term that they have good title to the car (e.g. they have not stolen it), so "no warranties" is subject to that (SoGA). If they have modified the car so as to make it dangerous I don't think they could exclude liability for death or personal injury (CRA).

s9 of the CRA says that the requirement for the goods (car) to be of satisfactory quality is subject to the terms in which it is described. Here they are saying either that they will sell only to a trade (not consumer) buyer or (more likely) that any buyer takes his/her chances and there is no warranty as to satisfactory quality. One can never be certain what a court might do, and if they knew the car was dangerous and did not expressly say so they might have problems, but otherwise they have probably made a reasonable effort at putting buyers on notice that they will have no responsibility for any problems with the car and that the buyer must check him/herself.

As you say, in that context it is not especially cheap. Only Range Rovers since 1988

Post #467139 3rd Feb 2018 6:10pm
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OJ



Member Since: 05 Jan 2018
Location: Scotland
Posts: 19

Scotland 2005 Range Rover Vogue SE 4.4 V8 Zermatt Silver

I take it this is a hypothetical question, There are so many other good RR for sale, personally i just wouldn’t bother with this seller, I would rather look for a reliable one who offers some sort of warranty on their cars and wont give you a headache.
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Post #467174 3rd Feb 2018 9:36pm
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