Selling Part Ex’s

If you sell a Part Ex or “discounted £100” from a vehicle, this does not waiver the consumers statutory rights.

If you are selling a vehicle, you still need to ensure it is of satisfactory quality, fit for purpose and as described. A part ex vehicle does not waiver these implied terms under the Consumer Rights Act 2015. This is also applicable if you decide to discount the vehicle.

Phrases such as, sold as seen, sold for spare and repairs, no warranties given or implied or sold as scrap are being used an attempt to restrict the consumer statutory rights, they are not of any use and should not be used when advertising or part of a sale to a consumer.

You do not have to provide a warranty with the vehicle – this is true. But the consumer will always have the Consumer Rights Act 2015.

If the vehicle does have a fault, advertise the vehicle with the known fault and make this clear on any documentation that the consumer signs. If, a CD player is faulty, ensure to include this within the advertisement, state is on the pre-delivery inspection and on the sale invoice. Ask the consumer to sign to acknowledge and accept the vehicle with the faulty CD player being faulty. This will then form part of the agreement to purchase the vehicle.

If the consumer returns a week later with a complaint of the CD player not working, no remedy will be owed to them as they knowingly purchased the vehicle with the faulty CD player and you can show it formed part of the agreement.
Lawgistics Members can get advice on consumer's rights from the legal team. Lawgistics also has a range of warranty products to help traders manage their own warranty scheme, allowing them more flexibility and control when dealing with a claim and also increase profitability.

 

 

Authors: Roxanne Bradley

Published: 11 Dec 2018

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