Quick selling a car privately question

Crizzy

Crizzy

Crizzy

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Bristol
So I'm meeting a potential buyer for my car today, but after leafing through the car documents getting everything in order I noticed that the car is actually overdue a for a cambelt change. I have advised the buyer of this and offered discount, but I am also aware that it is illegal to sell a car in an unroadworthy condition.

I think the buyer is still quite keen but I am now reluctant to go through with the sale and get the cambelt done at my local garage. I've put a receipt together stating that the cambelt needs doing but I'm not sure if selling the car in its current condition falls foul of the law?

If I was to sell the car 'as parts or spares' then that would be ok, however I then cannot give the new owner the MOT or Tax on the car and it would have to be taken away by an appropriate vehicle (eg not driven away).

What a pain, any ideas? I guess if i'm not sure then I should advise the potential buyer that I'll get the work done first? He might go elsewhere but it is what it is I guess.
 
Crizzy said:
I've put a receipt together stating that the cambelt needs doing but I'm not sure if selling the car in its current condition falls foul of the law?
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No, its not against the law... a cam-belt change is something the owner does at their own discretion... If you forgot or decided not to in any way then that's entirely your decision. its in no way un-roadworthy as a result of not having it done at the >> _recommended_ << time... it is just that, a recommendation of the manufacturer.

However the buyer, if they know a jot about cars will probably ask if its been done... and you should be honest with them that it has not. good luck with the sale :)
 
Cheers - I have advised them, written it on the reciept and given them the cost of the change from the asking price.
 
probably for the best... if it were me buying, there would have to be some kind of 'discount', as you've offered, to not turn me off the car entirely :)
 
If not doing the cam belt at the recommended interval was against the law 80+% of second hand cars on sale would be illegal!

Don't even worry about it, just make the buyer aware and he may want 100 quid off the price, job done.

With cam belts the interval could be 4 years or 60,000 miles for example, you almost never hear of people changing the belt until it hits the mileage which could be 10 years down the line.

Edit: Is it an MX5 your selling? If so i wouldn't even bother doing the cam belt 'til it snapped personally as its a non interference engine.
 
Yeah I was trying to establish if an overdue cambelt made it 'not road worthy', the car was MOT'd last month and serviced by a local garage. I know the MOT is technically only valid for when it was issued, but a cambelt check doesn't even come into it as I am aware?
 
Thank you for the advice, much appreciated. First time I've sold a car privately if you hadn't guessed!
 
I wouldn't of even offered a discount unless I had specified on the ad it was recently changed or in sound condition. It's upto the buyer to barter the price and it's of no recourse to you if the cambelt snapped on the buyers journey home for example.

Sure, you'd feel bad but such is life.
 
That's a crazy thing to do, sometimes you can be too honest. Caveat Emptor (buyer beware) applies to private sales. They should be asking that the car has been serviced as per the manufacturers recommendations and negotiating based on what has and hasn't been done.

I'd be rubbing my hands together if I were buying from you!
 
I'd like to think you would be rubbing your hands together. I pride myself in being honest and fair, I'm not out to make a quick buck here I'm interested in making a no fuss sale for a price that I feel is right whilst not ripping myself or anyone else off in the process.
 
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Crizzy said:
I'd like to think you would be rubbing your hands together. I pride myself in being honest and fair, I'm not out to make a quick buck here I'm interested in making a no fuss sale for a price that I feel is right whilst not ripping myself or anyone else off in the process.
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There is a huge difference between being open and honest and giving money away needlessly.

I am hoping to to sell my girlfriends mini this afternoon and while I will answer any question truthfully, I will not volunteer that it has a few cosmetic imperfections or it needs servicing in just over 1k miles. That's the buyers responsibility to check the condition of the car and the paper work.
 
Completely agree, whilst I would never sell someone a car I knew had serious faults and would answer honestly it is up to them to ask the right questions.
 
When I bought my Cupra (from a dealer) they missed the cambelt change documentation in the glovebox so couldn't shift it for love nor money as it was on 67k. The price dropped by £500 within two months to £2995. If the buyer has done his homework then they should know the cambelt change intervals and try to negotiate a discount.
 
Crizzy said:
but I am also aware that it is illegal to sell a car in an unroadworthy condition.
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You would be entitled to sell your car even if it was currently on fire with no wheels or brakes if you wanted to, and someone was willing to buy it in that condition. Where on earth did you hear that it is illegal to sell a non roadworthy car? :confused: Just literally yesterday I sold a car with a completely blown gearbox, which leaked coolant, broken AC, burnt oil, noisy alternator, the buyer bought it as is - what he does with it is of no concern to me.
 
Jez said:
You would be entitled to sell your car even if it was currently on fire with no wheels or brakes if you wanted to, and someone was willing to buy it in that condition. Where on earth did you hear that it is illegal to sell a non roadworthy car? :confused: Just literally yesterday I sold a car with a completely blown gearbox, which leaked coolant, broken AC, burnt oil, noisy alternator, the buyer bought it as is - what he does with it is of no concern to me.
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That's what I always thought, but then I read this on the AA website whilst looking for a template receipt:

You cannot use a 'sold as seen' receipt to cover the possibility that the car may be unroadworthy in some respect either. The law is clear - it illegal to sell a car in an unroadworthy condition.

http://www.theaa.com/motoring_advice/car-buyers-guide/cbg_sellingbeprepared.html
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And the legislation:

http://www.legislation.gov.uk/ukpga/1988/52/section/75
 
I would think that only applies if you sell the car to be driven on the road.

If you sell it as scrap, spares or repair and make that clear at the point of sale then the vendor wouldn't be convicted if

he had reasonable cause to believe that the vehicle or trailer would not be used on a road in Great Britain, or would not be so used until it had been put into a condition in which it might lawfully be so used
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Correct, as I stated in my OP it is to be used on the road. Otherwise no tax, mot or allowing the vehicle to be driven away is allowed. I'm not sure if Jez sold his vehicles as described above to be used on the road or not.
 
But a cambelt overdue its advised date has absolutely nothing to do with if the car is roadworthy or not.

It was a very honest thing to do, bit it was absolutely the buyers job to ask if the belt had been changed. Its one of the first basic bits of info you find out when looking at a car, belt or chain and does it need changed / when. Most sellers don't have a clue either and could quite legitimately have no idea the change was due
 
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