Q
I sold a car on
26/01/2016 privately to a buyer who signed a contract stating that the sale is
"as is" and that no warranties or guarantees can be given. He now
claims that he has experienced problems with the radiator. He claims he has 7
days to report the problem to me and that I must fix it or he will take me to
court. Does this 7 days policy really exist? What is your advice to me? I did
not misrepresent the car before sale as there were no problems while in my
possession.
A
There
is some confusion concerning the validity of voetstoots clauses (literally, "with a shove of the foot")
in private sale agreements. Most people think that the Consumer Protection Act
(CPA) has made such clauses invalid.
The CPA would protect a buyer who
buys a car from a dealer. However, a private sale of property is not a
transaction which falls within the ambit of the CPA, as you were not acting
within the ordinary course of your business, and therefore the common law
position applies.
A 'transaction' in terms of
the CPA refers to agreements concluded in the ordinary course of business by a
supplier and a consumer.
On that basis, in my opinion, the
‘as is’ clause binds the buyer.
The cooling off period (allowing a
buyer to change his mind within 5 days) only relates to a sale that resulted
from direct marketing, which does not apply in your case.
See this article for a more detailed explanation.
No comments:
Post a Comment