"Sold as seen - trade sale only"

[PeteB]

Spoke to someone who got a used chipper from a  big supplier. They got him to sign the invoice saying the above and it needed a new infeed motor within three weeks.

 

As far as I can recall, if it is sold as a working machine and going to work, the above statement is an infringement of the chaps rights as a customer and trading standards will take the customers side in the debate. Even if there is a standard 30 day warranty,  the customers rights extend beyond those 30 days if the fault is fairly extensive and unexpected. Trading Standards are not bothered how much money they made or lost or the cost of the repair, the seller is duty bound by law to satisfy the buyer within sensible parameters.  You cannot claim for loss of earnings,  out of pocket expenses and they have to be giving a reasonable timetable put right the faults.

 

Buying something from a private seller is slightly different but a dealer should know better than try and cheat a buyer with that "sold as seen" scam.

[AHPP]

The law on this probably begins at Oscar Chess and then gets more complicated. Paddy will fill you in.
Sharp practice in any event.

[PeteB]

Unfortunately,  I had to go to Citizens Advice about a 12yo Audi that I brought and it failed drastically. The idiots that I got it from gobbed of about their 30 day warranty only covered engine/box and not electrical issues and so on. They gave me some very creative excuses and delaying tactics. CAB, or their volunteer solicitor guided me through the protocol and my bank refunded my money and did a snatch-back from theirs. The CAB and I spoke at length about "sold as seen", warranty implied or given, expectations etc and it opened my eyes into the subject. They also told me that once the CAB are involved, so are Trading Standards, and they store all complaints and never forget, they even keep a "family tree" of people and businesses which transgress. 

 

"Not fit for purpose" is harder to prove and act upon, but the rights of the buyer are top....

 

This is not the first time that I've heard of this supplier crossing the ethical line.....

[Paddy1000111]

I thought sold as seen was sold as seen? Unless there's additional subsections in the sales contract. No matter how big the company is "Sold as seen" afaik is like buying a car from someone online. You get what you get, it's down to you.

 

I bought a van today, I get 14 days return and a 3 month warranty but that was all stipulated in the contract pre sales as that's what the company gave me. If they said "sold as seen" with no additional bit for returns I would accept the van and if there's an issue then suck it up myself. Same with chippers, I wouldn't go back to a company like orange plant and say "your second hand chipper broke down after 2 weeks". 

 

If I wanted a warranty or a guarantee then I would have bought new or had it in the contract of sale? 

 

[Retired Climber]

It gets complicated with businesses. Technically, if you are buying it as a business, you aren't a consumer so consumer rights don't apply (although some times they do). We'd need to see the contract to know if it would stand up. 

[Paddy1000111]

1 hour ago, Retired Climber said:

It gets complicated with businesses. Technically, if you are buying it as a business, you aren't a consumer so consumer rights don't apply (although some times they do). We'd need to see the contract to know if it would stand up. 

Forgot to add that. I had to purchase the van as a private individual to get the 14 days consumer rights return thing. If I bought it as a ltd I would have 0 cover 

Edited March 4, 2021 by Paddy1000111

[Retired Climber]

23 minutes ago, Paddy1000111 said:

Forgot to add that. I had to purchase the van as a private individual to get the 14 days consumer rights return thing. If I bought it as a ltd I would have 0 cover 

As a rough guide, if you are an individual you get some consumer protection. A contract contrary to your statutory rights won't stand up. If you are signing on behalf of a ltd co (a separate legal entity in its own right) caveat emptor applies. 

 

The waters are slightly less clear around sole traders as they are essentially individuals purchasing for business purposes. As stated above, we'd need to see the contract. 

 

Edit. It would also be useful to know how it was paid for. There are certain protections that come with using a credit card for example (above and beyond the ones people tend to know about).

Edited March 4, 2021 by Retired Climber
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