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Sold on trde terms
Hello.
Whilst trawling through the autotrader website, I saw the phrase 'sold on trade terms' for a car being sold by a dealer . What does the phrase mean? Should I avoid cars caveated with this phrase?
Thanks
Whilst trawling through the autotrader website, I saw the phrase 'sold on trade terms' for a car being sold by a dealer . What does the phrase mean? Should I avoid cars caveated with this phrase?
Thanks
Answers
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The phrase is often used to indicate the car will be sold unwashed/unpolished and without service or warranty.
This may be fine and dandy if bought by another trader, however, under the Sale of Goods Act 1979 (as amended) a customer may be entitled to a refund or a free repair if the motor vehicle is faulty, not of satisfactory quality or not fit for its purpose. A customer may also be entitled to a refund or compensation if the vehicle is not as described or where the seller had no legal right to sell it. These rights cannot be taken away and any attempt by a trader to limit his liability under the Act by reference to an exclusion clause or similar statement will be void and therefore unenforceable. Furthermore, under the Consumer Transactions (Restrictions on Statements) Order 1976 it is a criminal offence to use such a statement. For example statements such as:
�No Warranty Given or Implied�
�Sold as Seen�
�Sold for Spares or Repair� (This may be used only in limited circumstances and not for the sale of vehicles intended for use on the road).
�Sold on Trade Terms� or �Sold on Trade Basis� when a vehicle is sold to a member of the public i.e. a consumer not a trader, the consumers rights under the Sale of Goods Act 1979, as amended cannot be restricted.
are all void and therefore illegal.
It is a common misconception that restrictive statements, such as those described in the examples, can be displayed if they are accompanied by wording such as �Your statutory rights remain unaffected�. This is not the case as such statements remain illegal.
This may be fine and dandy if bought by another trader, however, under the Sale of Goods Act 1979 (as amended) a customer may be entitled to a refund or a free repair if the motor vehicle is faulty, not of satisfactory quality or not fit for its purpose. A customer may also be entitled to a refund or compensation if the vehicle is not as described or where the seller had no legal right to sell it. These rights cannot be taken away and any attempt by a trader to limit his liability under the Act by reference to an exclusion clause or similar statement will be void and therefore unenforceable. Furthermore, under the Consumer Transactions (Restrictions on Statements) Order 1976 it is a criminal offence to use such a statement. For example statements such as:
�No Warranty Given or Implied�
�Sold as Seen�
�Sold for Spares or Repair� (This may be used only in limited circumstances and not for the sale of vehicles intended for use on the road).
�Sold on Trade Terms� or �Sold on Trade Basis� when a vehicle is sold to a member of the public i.e. a consumer not a trader, the consumers rights under the Sale of Goods Act 1979, as amended cannot be restricted.
are all void and therefore illegal.
It is a common misconception that restrictive statements, such as those described in the examples, can be displayed if they are accompanied by wording such as �Your statutory rights remain unaffected�. This is not the case as such statements remain illegal.
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