Selling an Untaxed/Un-MOT'd Car

Honest John Back Room » Legal matters
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Fri 18 Nov 2011 12:17
Selling an Untaxed/Un-MOT'd Car - happy polo

Some clarification much appreciated,

The other half is selling her old motor, a tatty 206 that's been off road and out of use for about the past 6 months or so. Having been parked up it is of course on SORN and has no current MOT. It's now sat on the drive, awaiting somebody to hand over a couple of hundred beans and find a use for it. Obviously we'll advertise it as not legally roadworthy, but I'm curious as to our legal position if a buyer should decide to drive it away anyway. I would presume that once the V5 is signed we waive responsibility for the car and all who sail in her, and a new owner chosing to drive it illegally on the roadway does so entirely at their own risk? Or is there now some law burdening the seller with some form of responsibility for the actions of the buyer?!

Edited by happy polo on 18/11/2011 at 12:18

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Fri 18 Nov 2011 14:37
Selling an Untaxed/Un-MOT'd Car - Dwight Van Driver

You are right in highlighting the offence under Section 77 Road Traffic Act 1988 of selling/offer/expose for sale a vehicle in unroadworthy condition with defects defined under the section s in relation to brakes, steering and tyres or in relation to construction/weight or equipment of vehicle.

The offence can attract max fine of £5000

But there are execeptions:

(1) If the vehicles is going to be exported (but if driven to docks in that state then offences)

(2) If the seller had a reasonable belief vehicle will not be used on a road in GB in that condition.

So always wise to make out a bill of sale, signed by both, stating that vehicle is sold on the understanding that no guarentee there are no defects (sold as seen) and that should there be so then the vehicle will not be used on a r oad in GB until such time as any defect present are rectified.

Copy to buyer, copy retained by yourself.

Up to buyer how he takes possession.

dvd

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Fri 18 Nov 2011 17:05
Selling an Untaxed/Un-MOT'd Car - happy polo

That's very helpful, thanks for that :-)

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Fri 18 Nov 2011 21:37
Selling an Untaxed/Un-MOT'd Car - focussed
T
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