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Is there a form to get a car buyer to sign to say 'car bought as seen' without a guarantee?

Posted by simon56 - Created: 4 years ago
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10 replies (Showing replies: 1 to 10)

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Posted by 22150 Brittany - 4 years ago

Write vendu dans le etat on the carte grise and sign and date

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Posted by Fitter - 4 years ago

"I have to say that unless the car was very very cheap, then I would walk away from any buyer that wanted me to sign a contract like that"

If you were buying a used car from an owner in the UK there is no comeback whatsoever for "vice cache" as it is called here.

So all this contract achieves is to render ineffective the ridiculous French law on vice cache, which as reported, the majority of french sellers use.

Are you saying therefore that you would not buy a used car from a private person in the UK?

 

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Posted by Foxie-986308 - 4 years ago

I have to say that unless the car was very very cheap, then I would walk away from any buyer that wanted me to sign a contract like that. I would assume that if anyone is so set on avoiding all liability, they must know something about the car that they aren't telling. And I would buy a car from somebody who seems to have more faith in the car they're selling.

I would have thought that a slipping clutch is not a vice caché. If a clutch is slipping noticeably, it will be as obvious to the buyer as it is to the seller. It would only be a vice caché if the seller had done a temporary quick fix to make it less noticeable - I don't know if there is a quick bodge you can do on slipping clutches, but that's the general principle.

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Posted by Fitter - 4 years ago

Like I said - limiting the responsibility of the private seller for hidden defects by written/signed agreement between the  private seller and the private buyer is legally valid. 

Quote from the standard letter (translated)

"In any event, the legal guarantee against hidden defects imposed on the professional seller and can not be removed by inserting a clause in the sales contract. However, a non-professional seller (whose profession is not to sell vehicles) can insert limited warranty clause in the contract of sale of the used vehicle. Thus, when the sale of the vehicle is made between individuals, clauses limiting liability for defects are validThe non-professional seller can decide, in agreement with the buyer that if a default were to occur following the sale, it would be relieved of all responsibility and does not have to compensate the buyer or refund the price of the vehicle."

 

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Posted by DN-434538 - 4 years ago

I do not think there is a type of no guarantee letter that is enforceable. I certainly could not find one. I did find the legislation changed in 2009 as regards selling cars for parts or destruction.

The Vice Caché law applies to defects on the day of sale only and ones which a reasonable person as buyer could not expect to spot. Faults developing later are not covered by the law.

To prove vice caché, one would expect that an expert gives evidence that a break down or failure was due to a hidden fault which existed at the day of purchase.

I attach a link to standard letters dealing with, repudiating a claim for vice caché for reasons such as, fault was apparent on day of sale and fault did not exist on day of sale. The lnk also deals with claims for vice caché.

http://www.documentissime.fr/modeles-de-lettres/consommation-et-concurrence/vente-et-achat-d-un-vehicule/vehicule-d-occasion/

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Posted by Loadsafun - 4 years ago

fitter this is just not true a pro needs to give 3 months the form above is not worth the paper its written on as in France you can not avoid consumer rights

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Posted by Fitter - 4 years ago

"the form above is just a contract of sale ,the buyer still has 7 days to return the vehicle if a fault that you didnt point out is found ,proving you didnt know about it is the hard part lol"

That only applies to a professional selling to a consumer not to a private seller.

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Posted by Jack1-977774 - 4 years ago

The form above states not guaranteed by the seller, which is agreed by the buyer.

Is the 7 days return applicable regardless of a 'not guaranteed' agreement?

Can anyone else throw any light on this, or does anyone else have a better form/link?

 

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Posted by Loadsafun - 4 years ago

the form above is just a contract of sale ,the buyer still has 7 days to return the vehicle if a fault that you didnt point out is found ,proving you didnt know about it is the hard part lol

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