Now responsable if said car was to explode in cloud of smoke and engine bits. No it hasn't happend (as far as I know) but just wondering now with all the laws in place about who is or is not responsable for breakages after purchase. So, a car is sold on behalf, theres a problem, is it the dealer or the owner! It was on a yard so do the same laws apply or is it an "as is where is" thing.
lookoutas,
Nov 19, 1:58am
Where's belky! And he's got 2 L's.Too late
carstauranga001,
Nov 19, 2:05am
Dealer is responsible whether or not he owns the car. Your contract is with the dealer, not the owner who has the car on behalf. Many dealers have tried to use this as an excuss but the tribunal will award in the purchasers favour every time.
cubasesx,
Nov 19, 2:15am
Anything being sold from a LMVD has to be of merchantable quality. A dealer can't legally sell "as is where is"
Merchantable quality is an implied condition respecting the state of goods sold in the course of business. Such goods should be as fit for their ordinary purpose as it is reasonable to expect, taking into account any description applied to them, the price (if relevant), and all the other relevant circumstances. The condition does not apply with regard to defects specifically drawn to the buyer's attention or defects that he should have noticed if he examines the goods before the contract is made.
gunhand,
Nov 19, 2:26am
Kind of a gamble to take on car you don't really own. I guess its not done that often now!
carstauranga001,
Nov 19, 2:31am
IMO dealers only OB because they are lacking funds to hand pick and own their own stock.
Unfortunately there are many in this position. It is too easy to become RMVT. All you need is a computor and a credit card, (not money for stock) to become a "dealer".
xs1100,
Nov 19, 2:37am
think he was meaning more the dealers doing it for private punters rather than wholesalers,same situation but dealer is running yard as a park n sell what happens there because dealer is not actually selling car or representing it rather just providing a space for a fee BUTdoes actually hold a license to sell cars and previously yard has been a caryard
carstauranga001,
Nov 19, 2:43am
Anyone putting a car OBO also runs the risk of the dealer selling the car and the funds lost in his OD with the bank. Plenty of these cases in recent times in which the owner never got paid. OBO has too much risk for the cars owner too, who incedently has no legal right to reposession in such circumstances.
kazbanz,
Nov 19, 2:52am
Where I totally get your point especially in regards to a certain LARGE wholesaler thats happy to dump stock on anybodies yard OBO I don't agree its the only reason.Some dealers offer to OBO a car for a client when they can't agree on a trade figure with the customer. Or the car is OBO their finance company. Theres also the very good client who just can't do car selling. A good dealer/customer relationship means you do on occassion help out by doing OBO.
carstauranga001,
Nov 19, 3:02am
On ocassion being the key words mate. But I take your point.
curlcrown,
Nov 19, 4:19pm
A dealer can sell "as is" but it must be as a parts car. I have done it myself although only with cars for a few hundred dollars. As long as the buyer is made aware.
elect70,
Nov 19, 9:10pm
Its a big riskselling OBOif yard goes belly upfinance co sieze all the stock & you have to fight( possibly throughcourt ) to get your car back .
kazbanz,
Nov 19, 10:34pm
MY view --and keep in mind I'm biased for odvious reasons. If a dealer isactively advertising they sell OBO theres a good chance theres money issues in the yard. I was amazed at the lack of due dilligence shown by the folk that were happy to have their expensive cars sold OBO by a company that surprise surprise went belly up Basicly the car owners should be making darn sure their expensive ivestment is in safe hands. Simple questions-How long have you been in business! How long have you been in THIS location! Almost as simple -Checking how long the company has been registered for on the companies register Talking to freinds about the company. Maybee I'm stupid but if I was leaving 70k worth of car with someone I'd sure want to be certain My car isn't a salesmans drive car and that I'll be paid once its sold
rsr72,
Nov 19, 11:39pm
Even 'Fair Go' has covered 'on behalf' car-yard rorts.
gunhand,
Nov 20, 12:21am
I sold a motorcycle couple years back on behalf. The shop didnt want to buy it and I didnt want to trade it.Worked fine for both of us. Mind you it was a well established shop as well. I remember years and years ago there seemed to be lots of OBOs on yards. And back then they wouldnt finance an OBO.You do not see it as often these days.
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