Car sold with a fault

legal updates

Ensure the consumer is aware, understands, and most importantly, accepts the vehicle is subject to fault.

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At Lawgistics, we are asked by our members if they can sell a vehicle with a fault.

The answer is… Yes! BUT, subject to the following:

  • If the vehicle has a minor fault/or a component that is failing but has still passed an MOT, then ensure this is referenced within the advertisement. S11 of the Consumer Rights Act 2015 is all about description, and the legislation specifically states: “goods will match the description” which is why it is extremely important to ensure the description on the advert is correct!
  • If the vehicle in question has a clutch that is slipping, then list it in the description in bold. Bear in mind, the price should reflect any fault or repair required. When a consumer enquires about the vehicle, reiterate the details of any fault, ensure the consumer is aware, understands, and most importantly, accepts the vehicle is subject to fault.

To also ensure you have everything covered, list any fault on the sales invoice and request the consumer to sign their initials to acknowledge the fault.

  • If the consumer was to contact you a month or so later stating the clutch had since failed, you can remind the consumer the vehicle was advertised with a slipping clutch, they were verbally informed about the clutch at the time of enquiring, they received a discount due to the vehicle requiring such repair, AND they also acknowledged it on the sales invoice.

Therefore, no remedy would be owed to the consumer in relation to the clutch (only).

Please note – The above refers to a vehicle with a valid MOT. Advice regarding an unroadworthy vehicle or spares and repairs sales is different from the above. It is always worth contacting Lawgistics to ensure you are acting upon the correct advice.

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Roxanne BradleyLegal AdvisorRead More by this author

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