Part exchange legality?

kermitpwee

Hi everyone. I am selling a car and a person has offered me a trade of their car along with the difference in cash. I'm just wondering if say he finds fault with my car in the future would he have any legal redress as I have taken his in part exchange or is it the same as selling straight with 'caveat emptor'.
It is a private sale I am not a dealer and it is my own private car I'm selling and there is no problems with my car.


Thanks

keithclancy

Any deal made privately is at your own risk.

Consumer law does not apply to private sales/deals.

bazz26

A private sale is treated as caveat emptor or buyer beware.

corktina

id say its more likely YOU will find fault with his car..... cash is king.

DP Kilcullen

You would not be liable
Just be sure what you exchange for is checked over

AA are fairly resonable

kermitpwee

corktina wrote: »

id say its more likely YOU will find fault with his car..... cash is king.

His car is genuine and i know my way round cars very well just never took a part ex on my own car before.


Thanks everyone.

bazz26

DP Kilcullen wrote: »

You would not be liable
Just be sure what you exchange for is checked over

AA are fairly resonable

The last I looked they were very expensive, something like €300.

coylemj

The only thing that can come back to bite you is that in a private sale there is an implied condition that the vehicle is free from any defect which would render it a danger to the public, including persons travelling in the vehicle.

http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0013.html#sec13

So unless you are selling a deathtrap, the buyer has no comeback if some part simply packs up.

kermitpwee

coylemj wrote: »

The only thing that can come back to bite you is that in a private sale there is an implied condition that the vehicle is free from any defect which would render it a danger to the public, including persons travelling in the vehicle.

http://www.irishstatutebook.ie/1980/en/act/pub/0016/sec0013.html#sec13

So unless you are selling a deathtrap, the buyer has no comeback if some part simply packs up.

No both are safe and good genuine cars, both thru the nct last week not that i totally trust the nct!

coylemj

kermitpwee wrote: »

No both are safe and good genuine cars, both thru the nct last week not that i totally trust the nct!

I was trying to reassure you, not accuse you of being a pedlar of death machines.

If the car has a recent NCT then your ass is covered every which way.

kermitpwee

coylemj wrote: »

I was trying to reassure you, not accuse you of being a pedlar of death machines.

If the car has a recent NCT then your ass is covered every which way.

Thanks mate, actually didn't think you were accusing me of anything.

the_syco

Ensure it doesn't have outstanding finance...

Max Power1

coylemj wrote: »

I was trying to reassure you, not accuse you of being a pedlar of death machines.

If the car has a recent NCT then your ass is covered every which way.

:rolleyes:

ridiculous comment, but symptomatic of some car buyers today.


I can just hear car dealers rubbing their hands with glee. Whats the anecdote, "theres one born every minute"?

@OP get the vehicle checked over by the AA or a mechanic, an NCT is meaningless apart from that the vehicle was deemed roadworthy at an arbitrary point. It doesnt predict looming faults etc.

gyppo

Max Power1 wrote: »

:rolleyes:

ridiculous comment, but symptomatic of some car buyers today.


I can just hear car dealers rubbing their hands with glee. Whats the anecdote, "theres one born every minute"?

@OP get the vehicle checked over by the AA or a mechanic, an NCT is meaningless apart from that the vehicle was deemed roadworthy at an arbitrary point. It doesnt predict looming faults etc.

While I agree with you to some extent, a recently passed NCT has some merit, in that a buyer could reasonably assume that the brake lines have been checked, suspension & steering componenets are within tolerances, car is structurally sound and not rotten underneath, etc.

A used car could look and sound great, and be a potential deathtrap.

Similarly, a car that has recently passed an nct could have catastropic engine or gearbox failure in the near future.

To the buyer who isnt car savvy, theres no replacement for an inspection by a third party such as a mechanic or AA.

leeroybrown

Max Power1 wrote: »

:rolleyes:

ridiculous comment, but symptomatic of some car buyers today.

In fairness, the poster meant this in the context of the "Sale of Goods and Supply of Services Act, 1980". If the OP's car has just passed the NCT which (despite the many issues with it) certifies roadworthiness the buyer has almost no chance of comeback on the grounds of it being a danger to the public in the event of a disagreement.

coylemj

coylemj wrote: »

If the car has a recent NCT then your ass is covered every which way.

Max Power1 wrote: »

:rolleyes:

ridiculous comment, but symptomatic of some car buyers today.

leeroybrown wrote: »

In fairness, the poster meant this in the context of the "Sale of Goods and Supply of Services Act, 1980". If the OP's car has just passed the NCT which (despite the many issues with it) certifies roadworthiness the buyer has almost no chance of comeback on the grounds of it being a danger to the public in the event of a disagreement.

Thank you. That's precisely the context in which my comment was made.

Max Power1

An NCT cert awarded on a monday may be meaningless on a tuesday.

Brakes, for example, may be just about to fail or be too worn, but will still pass the NCT.

An NCT cert is just a piece of paper in the window entitling you to drive legally. Next to useless in determining the roadworthiness of a car if the NCT was issued months ago. The only reason its even a factor is because its illegal to drive without one.

I'd have no qualms buying a car without NCt (and indeed may get it significantly cheaper so) once a competent mechanic had given it the once over.

leeroybrown

I agree that Monday's NCT may mean nothing on Tuesday, but a recent NCT certificate does put the OP in a strong position legally in the event that the buyer at a later date contended that the vehicle represented a danger to the public.

mickdw

leeroybrown wrote: »

I agree that Monday's NCT may mean nothing on Tuesday, but a recent NCT certificate does put the OP in a strong position legally in the event that the buyer at a later date contended that the vehicle represented a danger to the public.

100% agree with you here.
Buyer takes seller to court for selling a death trap. Seller turns up in court, states that they are not a mechanical expert but shows that it passed a professional state recognised test of readworthyness a few days previous.
New owner has no case.
Max power is not getting your/coylemj angle on this at all.