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help needed in next 15 mins please!!

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  • 09-03-2007 7:57pm
    #1
    Closed Accounts Posts: 385 ✭✭


    guy coming to buy my car this eve, just wondering what my legal obligations are to him regards the sale?
    Ive told him it needs minor work (but its running fine) just dont want any nasty comebacks any advice??


Comments

  • Closed Accounts Posts: 7,686 ✭✭✭JHMEG


    No obligations. Buyer beware. It is nice to give him a heads up on anything that should need or does need attention.


  • Closed Accounts Posts: 385 ✭✭Shamanic


    cool, he was just very keen and i dont want me getting done for anything,


  • Registered Users Posts: 24,992 ✭✭✭✭Wishbone Ash


    Shamanic wrote:
    he was just very keen
    ....breaking the number one rule when viewing a car (an advantage for you though :))


  • Registered Users Posts: 22,815 ✭✭✭✭Anan1


    Write out two receipts, one for you and one for him, each signed by both of you. The format is:

    Received from:

    The sum of:

    In full & final payment for: Car make, model, reg.

    Car sold as seen and tested, no warranty given or implied.

    Date:


  • Registered Users Posts: 12,683 ✭✭✭✭Owen


    He gets a 2&2 warranty. 2 miles, or 2 minutes, which every happens first.


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  • Registered Users Posts: 12,863 ✭✭✭✭crosstownk


    ned78 wrote:
    He gets a 2&2 warranty. 2 miles, or 2 minutes, which every happens first.

    That's very generous of you Ned. A lot more than I'd ever offer :D


  • Registered Users Posts: 65,388 ✭✭✭✭unkel
    Chauffe, Marcel, chauffe!


    Anan1 wrote:
    Write out two receipts, one for you and one for him, each signed by both of you. The format is:

    Received from:

    The sum of:

    In full & final payment for: Car make, model, reg.

    Car sold as seen and tested, no warranty given or implied.

    Date:

    There is no need for any of that. There is no point in any of that. It has no legal meaning whatsoever. A private sale is strictly caveat emptor. Care to explain why you would go about a private sale writing those kinds of receipts?


  • Banned (with Prison Access) Posts: 6,869 ✭✭✭Mahatma coat


    yeah, basicly, Caveat emptor, all yas need to know


  • Banned (with Prison Access) Posts: 2,139 ✭✭✭Jo King


    unkel wrote:
    There is no need for any of that. There is no point in any of that. It has no legal meaning whatsoever. A private sale is strictly caveat emptor. Care to explain why you would go about a private sale writing those kinds of receipts?

    It may well be useful to record what exactly the basis of the sale is. The buyer could come back claiming mis-representation or fraud. If he signs a receipt acknowledging no warranty was asked or given he will not have any credibility should he try and claim otherwise afterwards.


  • Registered Users Posts: 17,819 ✭✭✭✭peasant


    Hang on, hang on ...

    I know what caveat emptor means but ...can you actually lie to a buyer?

    Say they appear with a witness or two to look at the car and ask the whole catalogue of questions that any car buyer would ask ...and you KNOW that the car has a few "issues" ...can you just tell them lies and say that the car "to the best of your knowledge" is perfect?

    Without any consequences?

    For example, I sold my old camper recently and it had a sticky front break caliper. You wouldn't really notice it on a short test drive, but you certainly couldn't drive it for more than half an hour without risking life and limb (total break failure, even risk of fire). I made it perfectley clear to everybody interested in the car that that was the case.

    Had I sold it to someone without telling them about it and they had a severe accident on the way home ...surely I would have been liable in some way?

    Yes?

    No?


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  • Closed Accounts Posts: 5,943 ✭✭✭smcgiff


    AFAIK, a law was brought in a couple of years ago for something sold over €2k or something that there was come back. Am i raving?:confused:


  • Registered Users Posts: 6,229 ✭✭✭Rowley Birkin QC


    The car has to be roadworthy. Even if no questions are asked at the point of sale it still has to be roadworthy. Mate of mine bought a GTi Corolla with a completely rusted rear suspension tunnel last year, it wasnt visible until the back seats were removed.

    Long story short 1 solicitors letter later he had his money back from the guy he bought it off.


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