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I wonder if someone might be able to advise.

I am thinking of trading in my car and I might even be able to do a straight swap with a couple of dealers.

 

however they say it will be classed as a trade sale and hence no warranty....

 

can this be the case or does the trader have to warranty any car

 

 

many thanks

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If your'e a private individual, it cannot be a 'trade sale'. If you buy from a trader (i.e. a dealer or business) then you have protection under the SOGA. The seller is not legally obliged to provide a warranty BUT he/she would be responsible for any inherent defects which may occur (i.e. anything which was present at the point of sale).

 

A trader is expected to know what he is selling and that it is of satisfactory quality, fit for the purpose and as described.

 

P.S. to this; it would be illegal to attempt to remove or reduce your statutory rights by implying that the car is "sold as seen" or any similar wording on a receipt.

Edited by sailor sam

 

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Sam is spot on as usual. Make sure you check out any car you intend to px or swop for, you should do at least 10 miles and take in some dual carriageway/motorway if possible.

 

edited to add: You can't even sign away your consumer rights if you wanted to.

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What sam says is not the case here. As the car hasn't been sold and no money has changed hands then it falls outwith the scope of a 'retail sale'. My advice is if the trader is being open about it prior to doing the deal and you feel uneasy then don't do it.

 

But money dosn't have to change hands as the OP is 'trading' his car for one the trader is selling. Presumably the OP's car has some monetary value which just happens to appear to be the same value as the one he is 'buying'.

 

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To fall inside the scope of SOGA or any other consumer regulations, money has to change hands for it to become a sale. If it was his car plus £1 it would be considered a part exchange sale. But just swapping one car for another does not give him any legal cover.

 

But even without going into legalities. The trader has put his terms on the table. Common sense would be that if this wasn't acceptable then don't go ahead.

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To fall inside the scope of SOGA or any other consumer regulations, money has to change hands for it to become a sale. If it was his car plus £1 it would be considered a part exchange sale. But just swapping one car for another does not give him any legal cover.

 

But even without going into legalities. The trader has put his terms on the table. Common sense would be that if this wasn't acceptable then don't go ahead.

 

With respect, I think that is rubbish... unless you can back it up with some legislation. The car will have monetary value... it dosn't have to be actual pound coins which changes hands. If the seller accepts the OP's car as full 'payment' for the car he has for 'sale', then that is a genuine transaction just like any other.

 

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Might I first suggest you find the relevant legislation stating swaps are covered by sale of goods sam.

 

A swap may be a swap for a vehicle of similar worth. All too easily can the trader say, The OP's car was only worth swapping for this banger I had round the back of the workshop.

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Might I first suggest you find the relevant legislation stating swaps are covered by sale of goods sam.

 

A swap may be a swap for a vehicle of similar worth. All too easily can the trader say, The OP's car was only worth swapping for this banger I had round the back of the workshop.

 

There isn't any... but neither is there stating that 'actual' money has to change hands for a transaction to be regarded as a 'sale'. The simple fact is that if a consumer walks into a business with something of a monetary value to purchase something and that 'something' is accepted as full (or part) payment, then the transaction becomes a sale just like any other.

 

If I was wrong then anything bought using vouchers, tokens, gold bars or anything else other than actual 'cash' would be deemed to remove the statutory rights of the consumer. I think you will find that isn't the case.

 

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As a former experienced car dealer, anyone that came to me wanting a straight swap was ALWAYS viewed with suspicion. Invariably in my experience the trade in car always came with a host of hidden problems, hence why the member of the public trading it in wanted rid of it - despite their protestations they wanted a smaller / bigger car or whatever it was.

 

 

So I always swerved those deals, preferring to keep what I knew to be a good car rather than taking on an unknown and probably troublesome trade in.

 

 

That isn't what the OP asked about though. The fact of the matter is that if a dealer wants to do a 'no warranty' swap with you and you later quote the sale of goods act at him, how helpful do you think he'd be? Not at all is the answer to that: quote SOGA all you like, you won't get far even if the law is on your side.

 

 

I don't know the answer about whether or not cash has to change hands, and it makes no difference anyway due to the above paragraph.

 

 

Whilst it's true that you do have statutory rights, if you sign an invoice which states that you are a bona fide motor dealer and that the car you are buying is not sold as fit fro any purpose implied under the road traffic act then I doubt you'd get far with SOGA.

 

 

I know someone that used to do this with lower end cars and never went to court once.

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I do agree with the state of cars handed in, more often than not there is something wrong (and often hidden) by a car being traded in.

 

There is no mention of the OP being a trader, perhaps he/she can clarify that ?

 

We all know that the majority of small car sales have a bad reputation and dare I say it, those owned by foreigners come at the top, however, the law will eventually catch up with them when taken to court even if they do dissolve the business and just open up again with a different name.

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I wasn't suggesting the OP was in the trade, and doubt he is.

 

 

Just that if he signs a proper trade invoice agreeing that he's a bona fide trader (even if not) and that the car is 'as is' and not fit for any particular purpose then he could fid himself in trouble.

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There is no mention of the OP being a trader, perhaps he/she can clarify that ?

 

I can confirm I am not a trader just jo public

 

Invariably in my experience the trade in car always came with a host of hidden problems, hence why the member of the public trading it in wanted rid of it - despite their protestations they wanted a smaller / bigger car or whatever it was.

 

in my case i have a 4x4 that last year apart from a ball joint went through mot, had advisory on windscreen so i forked out and got new one, car has only done 7k miles since i have had it 2 years so costing me more to run it and keep it on the road, hence looking to downsize

 

Just that if he signs a proper trade invoice agreeing that he's a bona fide trader (even if not) and that the car is 'as is' and not fit for any particular purpose then he could fid himself in trouble.

 

i have been bitten too many times to sign for a trade only sale now...last car i i traded with a dealer got me a car that i managed a total of 64 miles out of it.....trading standards said tough

 

 

thanks again all....its great to get different opinions on this

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I learned something new today about the whole 'money changing hands' thing.

Insisting on a token payment always sounds like a good idea.

 

Sale or Swaps are still deals made by Offer & Acceptance on both parties. Money, Goods or Moneys Worth.

 

How many failing Companies have changed hands for a £1.00 Token Payment just so there is something to complete the contract of Offer & Acceptance.

PUTTING IT IN WRITING & KEEPING COPIES IS A MUST FOR SUCCESS

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