Selling a crashed car - Legal issues??

derek214

Hi all,

Apologies if this has been answered before but I haven't had any luck finding an answer.

Is there any legal issues with selling a crashed car? I.E. I have an old damaged car from a crash and have been offered a few hundred for it which I am more than happy with. The buyer knows all the issues/damage to the vehicle and has told me he wants it for parts. My only concern is if he puts it on the road, am I any way responsible for it? ....At the moment you can visibly see the frame is damaged but it could easily be covered up with a new bumper.

How exactly do I go about selling this legally, or is it just a matter of signing over the book over?

Thanks in advance for your advice.

Yakuza

Perhaps type up a document clearly stating that you are selling the car to the purchaser with the express purpose of it being used for parts and that the purchaser is fully aware that the car is not roadworthy.

Print two copies of it, both of you sign and date both copies (mabye even witnessed by a neighbour or colleague?) and each of you keeps one of the copies. That ought to cover you against any blowback.

I'm no legal expert so it might be worth popping a question in Soc/Legal Discussion (you won't get specific answers, just a general indication).

coylemj

OP, you have no legal liability to third parties nor are you liable to prosecution if the new owner drives the car on public roads, regardless of it's condition.

To protect yourself from a comeback under consumer legislation, you need to prepare a document which states that the car is being sold 'as is' and is not intended to be used (i.e. driven) in the condition it's in at the time of sale.

S.13 of the Sale of Goods and Supply of Services Act 1980 deals with your situation.....

(2) Without prejudice to any other condition or warranty, in every contract for the sale of a motor vehicle (except a contract in which the buyer is a person whose business it is to deal in motor vehicles) there is an implied condition that at the time of delivery of the vehicle under the contract it is free from any defect which would render it a danger to the public, including persons travelling in the vehicle.

(3) Subsection (2) of this section shall not apply where—

(a) it is agreed between the seller and the buyer that the vehicle is not intended for use in the condition in which it is to be delivered to the buyer under the contract, and
(b) a document consisting of a statement to that effect is signed by or on behalf of the seller and the buyer and given to the buyer prior to or at the time of such delivery, and
(c) it is shown that the agreement referred to in paragraph (a) is fair and reasonable.

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

So you need to prepare a document (two copies) outlining the conditions of sale as outlined above and both of you sign both copies, one copy for him, one copy you keep. If he says he wants it for parts then send the registration cert. to Shannon and tell them the car has been scrapped. If the buyer asks for the cert. then tell him you will fill in his name on the back of the form and send it to Shannon for a change of ownership. Whatever you do, do not hand over the cert. unless he is a bona fide motor dealer.

derek214

Thanks Yakuza & Coylemj!! Your answers clear everything up, much appreciated!