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Does “sold as seen” mean I have no rights?

No. A dealer cannot use it to remove your Consumer Rights Act rights. In a private sale it cannot remove the seller’s duty to have the right to sell, or excuse selling an unroadworthy car.

Last reviewed . The official sources it draws on, and the date each was read, are listed at the foot of the page.

Buying from a dealer

Section 31 of the Consumer Rights Act 2015 says a term of a contract to supply goods is not binding on the consumer to the extent that it would exclude or restrict the trader’s liability for the quality, description, right-to-sell and similar terms, or would make a right or remedy subject to a restrictive or onerous condition. A “sold as seen” term that purports to remove those rights is such a term. nidirect lists terms that try to avoid responsibility for faulty goods, goods not as described or goods that do not belong to the seller among those that are unfair.

The exception is a public auction that individuals can attend in person: for second-hand goods sold there the buyer is not treated as a consumer for most of the goods chapter of the Act (section 2(5) and (6)), and nidirect says you do not have the same rights if cars are sold as seen at an auction, so read the conditions of sale before you bid.

Buying privately

In England, Wales and Northern Ireland, section 6 of the Unfair Contract Terms Act 1977 says liability for breach of the seller’s implied terms about title under section 12 of the Sale of Goods Act cannot be excluded or restricted by any contract term, and liability for the description under section 13 can be excluded or restricted to the extent that the term is reasonable. In Scotland, section 20 of the same Act makes a term excluding the title duty void and gives effect to a term excluding the description duty if it was fair and reasonable to include it.

There is no implied term of satisfactory quality in a private sale for the phrase to exclude (Sale of Goods Act 1979, section 14), so a private buyer’s position on a fault does not turn on it either way.

It cannot excuse an unroadworthy car

Selling an unroadworthy vehicle is an offence under section 75 of the Road Traffic Act 1988 in Great Britain and article 83 of the Road Traffic (Northern Ireland) Order 1995 in Northern Ireland. The statutes list their own defences, such as a sale for export or the seller having reasonable cause to believe the vehicle would not be used on a road in that condition. “Sold as seen” is not among them.

What to do

Treat “sold as seen” as a statement about the condition you inspected, not as a waiver of the law. If you are unsure which rules apply, GOV.UK names Citizens Advice, Advice Direct Scotland and Consumerline as the places to ask.

Sources

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