Threatened with small claims court

[perplexity]

In British Car Auctions v Wright (1972) an auctioneer was convicted of making ‘an offer to sell’ an unroadworthy car contrary to the Road Traffic Act 1960. His appeal was allowed on the same grounds as Partridge v Crittenden and Fisher v Bell. The Court held that the advertisement and display of the car was only an invitation to treat and that the words of the statute (‘offer to sell’) must bear their technical contractual meaning.

http://www.oup.com/uk/orc/bin/9780199299997/taylor_chap02.pdf

 

[Kraken1]

Interesting. None of those precedents relate to 'sold as seen'.

 

They related to whether there was a contract in the first place. Not relevant to your point, sorry.

[perplexity]

If you don't understand what it means, "sold as seen", I suggest to peruse the terms and conditions of the various auction houses.

 

This is from Sotheby's, for instance:

 

1. As Is Goods auctioned are often of some age.

The authenticity of the Authorship of property

listed in the catalogue is guaranteed as stated in

the Terms of Guarantee and except for the

Limited Warranty contained therein, all property is

sold “AS IS” without any representations or

warranties by us or the Consignor as to

merchantability, fitness for a particular purpose,

the correctness of the catalogue or other

description of the physical condition, size, quality,

rarity, importance, medium, provenance,

exhibitions, literature or historical relevance of any

property and no statement anywhere, whether

oral or written, whether made in the catalogue, an

advertisement, a bill of sale, a salesroom posting

or announcement, or elsewhere, shall be deemed

such a warranty, representation or assumption of

liability. We and the Consignor make no

representations and warranties, express or implied,

as to whether the purchaser acquires any

copyrights, including but not limited to, any

reproduction rights in any property. We and the

Consignor are not responsible for errors and

omissions in the catalogue, glossary, or any

supplemental material.

[Mossycat]

This isn't an auction and I strongly suspect that the OP advised the purchaser that the car had been reliable, was in daily use and was sold without any guarantee and in essence was sold as seen. It would certainly be usual and reasonable for a buyer to be aware of any guarantee (either implied or expressed) before agreeing to the purchase, so the including of wording on the receipt would merely affirm what had been agreed at the time the contract came into effect.

 

Suggesting that 'sold as seen' was added after the sale was agreed is a moot point, and should it proceed to court (highly unlikely) the registrar would look at all the facts (age of car, mileage, cost, description etc etc) and could only conclude that the OP has no liability and caveat emptor applies.

 

It's been a long time since I studied contract law but Fisher V Bell was about a flick knife displayed in a shop window wasn't it? The seller here is neither a shop owner or a business so the relevence is about as much use as the other rubbish you have spouted.

 

Mossy

Edited April 20, 2010 by Mossycat

[slater_1]

--

Edited April 20, 2010 by slater_1

[perplexity]

The irony of this is delicious.

 

On the subject of "sold as seen" I notice that Mossycat previously recommended Consumer Rights Advice, Consumer Forums, Money Saving - What Consumer as if to expect that to be treated as reliable legal advice, as opposed to the actual terms of a statute and the European Directive 99/44/EC which should rather be disregarded, as "tosh" or "rubbish".

 

However following the advice to "follow all of the links", lo and behold we find that according to the site itself:

 

The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision. The information contained with the Website is provided on an ‘as is’ basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.

Disclaimer | Consumer Information

 

 

Take your pick. The choice is yours.

 

The information provided by the Office of Public Sector Information is qualified by a complaints procedure, not a disclaimer.

 

[Bookworm]

The term "clutching at straws" in a desperate attempt to "win" an argument seems to have been invented for some people on here.

[Kraken1]

and the saga continues, perpy showing he is quite perplexing and at odds with the rest of the world... only he understands the TRUE and ONLY law!

 

MARVEL at the way everyone else is wrong!

 

The OFT!

 

http://www.oft.gov.uk/news/press/2010/27-10

 

Law firms!

http://www.cwd-law.com/news.asp?id=63

 

MSE!

http://www.moneysavingexpert.com/shopping/consumer-rights-refunds-exchange

 

Trading standards!

http://www3.hants.gov.uk/fr/tradingstandards/tradingstandards-businessfaqs-cars/tradingstandards-businessfaqs-cars-soldasseen.htm

http://www.pkc.gov.uk/NR/rdonlyres/E550A5B3-8F1B-4306-9569-65C72DDF224E/0/NOREFUNDNOTICEStrader.pdf

(Although the order has now been replaced by the CPUTRs, I'd suggest that the principle is still sound though.)

 

Be SHOCKED!

He thinks that OPSI is always up to date!

 

Flee in HORROR

...because I couldn't be bothered to trawl case law...

 

Be AMAZED that 'sold as seen' discriminates against the BLIND and is ruled unlawful by the supreme court...

 

 

 

Ok. Might have made one of those up... and might have overdone the sarcasm a tad. Blame it on the McDs lunch.

[Mossycat]

Be AMAZED that 'sold as seen' discriminates against the BLIND and is ruled unlawful by the supreme court...

 

 

 

Ok. Might have made one of those up... and might have overdone the sarcasm a tad. Blame it on the McDs lunch.

 

 

Errr can labradors not read now?

 

Mossy

[perplexity]

Do you agree or disagree with this?

 

 

This is likley to be counter productive if you try it on a judge:

 

Receipt was given with sold as seen written on it.

 

[Kraken1]

who are you asking? If me, please rephrase the question in context - not sure what 'this' is.

[Mossycat]

No I think if it reached a registrar he/she would ask if there was any warranty offered, to which the OP would probably reply no the car was £400 and sold as seen, it is reasonable to expect a car at £400 to be sold as seen and the receipt merely affirmed that.

 

Registrars tend to live in the real world

 

Mossy

[perplexity]

Here is the claim form:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

and here is the "How do I make a court claim?" leaflet:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex302_e.pdf

 

Which particular part of that is the place where the registrar becomes a judge?

 

[Kraken1]

Djs used to be known as registrars until the early 90s or so.

[Mossycat]

Here is the claim form:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

and here is the "How do I make a court claim?" leaflet:

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex302_e.pdf

 

Which particular part of that is the place where the registrar becomes a judge?

 

 

Oh I'm sorry I thought because you were citing nonsense and stuff you made up I'd try it too

 

He shoots, he bites!

 

:D:D:D:D:D:D:D

 

Mossy