Are you madabout kit cars      
 "We've Got Kit Cars Covered" Information about Madabout-Kitcars.com Contact Madabout-Kitcars.com         Home of UK kit cars - madabout-kitcars.com Various kit car write ups All the latest kit car news Kit car related and general discussion

Search
Manufacturers
Kit Cars
Kit Car Data sheets
Picture Gallery
SVA Knowledgebase
Clubs & Communities
Build cost estimator
Kit cars for sale
Knowledge Base 
KitcarUSA.com
Classic-Kitcars.com
 

Go Back   Madabout Kitcars Forum > Mad Chat > General chatter

General chatter This is the place to talk about anything kit car related that doesn't come under any of the other categories

Reply
 
Thread Tools Display Modes
  #1  
Old 22nd August 2016, 20:35
jmiller jmiller is offline
Junior Member
 
Join Date: Aug 2016
Posts: 2
jmiller is on a distinguished road
Default Legal form for selling

I have a kit car I would like to sell but am concerned about being sued by the buyer if there should be a defect causing injury or death.

Is there a standard release of liability form or something like that that would cover my butt? Do people worry about such things when selling a home-built vehicle?
Reply With Quote
Available from eBay
  #2  
Old 23rd August 2016, 11:47
AcC8braman's Avatar
AcC8braman AcC8braman is offline
Senior Member
 
Join Date: Mar 2012
Posts: 294
AcC8braman is on a distinguished road
Default

Sold As Seen and accept no liability of this vehicle once its sold
Reply With Quote
  #3  
Old 23rd August 2016, 17:31
redratbike's Avatar
redratbike redratbike is offline
Senior Member
 
Join Date: Sep 2011
Posts: 1,446
redratbike is on a distinguished road
Default

The magic words

" as sold ,seen,tried and tested"

I remember on one receipt I got.

Another was "trade sale ,sold as seen ,no returns,no refunds"
Reply With Quote
  #4  
Old 23rd August 2016, 19:11
jmiller jmiller is offline
Junior Member
 
Join Date: Aug 2016
Posts: 2
jmiller is on a distinguished road
Default

Will that hold up in court?
Reply With Quote
  #5  
Old 23rd August 2016, 23:15
Paul L's Avatar
Paul L Paul L is offline
Senior Member
 
Join Date: Feb 2012
Location: Wembley, London
Posts: 5,056
Paul L is on a distinguished road
Default

jmiller - As a private seller, generally "Caveat Emptor" applies ("Let the buyer beware").
https://en.wikipedia.org/wiki/Caveat_emptor

"Sold as seen" also works if you are a private seller, but not always if you are a Trade Seller.
( Where the "Sale of goods act" also has some influence. )

Again, generally you would only have a problem in court if you lied about the condition of the car.

So if you said it was 100% safe and it turned out it wasn't, you might have a problem.

But if you are honest in describing it as a home build car with no guarantees of quality then you should be OK.

Note: I am an accountant by trade, not a lawyer, so WTF do I know?

Good luck, Paul.

PS
Welcome to the forum.
Reply With Quote
  #6  
Old 24th August 2016, 11:45
oxford1360 oxford1360 is offline
Senior Member
 
Join Date: Mar 2012
Posts: 1,152
oxford1360 is on a distinguished road
Default

If it is a "home-built vehicle" in the UK then it should have gone through an IVA or else it is still the original vehicle but rebodied. Hence it is no different from selling any car privately.

You should believe the car to be roadworthy, i.e you are selling in good faith. If so, then "Sold as seen" on the receipt should be good enough.

If it is not roadworthy, then "Sold for spares or repair" is quite clear.

When it comes to the law, no words will ever protect you from being pursued by someone who has a grievance and who has the funds to do so.

According to the AA -
The only legal terms that cover a private sale contract are:
- the seller must have the right to sell the car
- the vehicle should match the description given by the seller
- the car must be roadworthy - it is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today.

If you are really concerned, commission an independent report on the vehicle prior to sale.

Last edited by oxford1360; 24th August 2016 at 11:52..
Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT +0. The time now is 14:58.

copyright © madabout-kitcars.com 2000-2024
terms and conditions | privacy policy