If I sell my car with a WOF older than 30 days (was issued about 5 weeks ago) do I need to state in the ad 'as is where is'? Then do I need to get something in writing from the buyer to say they are happy to purchase the car with a WOF older than 30 days? What does that declaration need to say to make sure I cover my ar$e? Thanks.
nice_lady,
Oct 16, 12:58am
Far as I know the only seller who has to have a wof of 5 months or more to go is a dealer. Any private citizen can sell a car in whatever condition they like. If the wof only had a week to run you just make sure you advertise it as such.
nice_lady,
Oct 16, 1:00am
As a private seller you are not required to offer repairs under the CGA nor any other legislation that I'm aware of. It's up to the buyer to check out the vehicle to their satisfaction. Thus 'Caveat Emptor'. And they always have the option of AA pre purchase inspections or similar .
jock_in_nz,
Oct 16, 1:04am
I thought it was no older than 28 days for dealers?
kazbanz,
Oct 16, 1:07am
jock-the LAW says anyone selling a motor vehicle must sell it with a wof no older than 28 days old. -BUT they then go on to state that you can sell 'as is where is" which allows you to sell it with no WOF. Yep you should put it on the sale docs that its sold with a WOF more than a month old to cover you. BUT- for the sake of $40 to be honest I would put a new wof on the car Its the perception of that phrase "as is" that can put buyers off
jock_in_nz,
Oct 16, 1:07am
Ok. Cheers for the advice.
nice_lady,
Oct 16, 1:39am
errr, ahhh, Ummm a wof of 5 months or more to go . what do you think this means lol.
Buyers can insist on a WoF being less than one month old. This helps protect them if faults have developed in the vehicle since the last WoF check.
If the buyer doesn’t insist on this, they should give the seller written confirmation that they accept that the WoF is older than one month old. This protects the seller – it confirms that the buyer is aware that the current WoF is older than one month.
Vehicles without a current WoF must be advertised for sale ‘as is, where is. ***
So Buyers can insist on a WoF being less than one month old - BUT this is not legally enforceble as if the seller for any reason doesn't want to play that game they can say "NO" and then the buyer either can bugger off and not buy the vehicle or they can buy the vehicle with an older WOF if they wish. If the buyer accepts the vehicle under that condition the seller should get it in writing that the seller is aware the wof is older than one month.
No current wof the vehicle MUST be advertised as 'as is where is' and probably it'd be wise to get the buyer to sign something to the effect that they are aware of that on purchase also.
mber2,
Oct 16, 2:21am
as above. If the seller refuses to get a new wof then leave the car alone as there is something wrong the seller is not telling you.
bumfacingdown,
Oct 16, 2:29am
Suspect it means you were thinking of six month WoFs?
nice_lady,
Oct 16, 3:38am
ah - curses.
joanie04,
Dec 23, 6:13pm
I sold my last car with a WOF older than 28 days. The car also had a blown head gasket. Sold for not a lot of money and we both signed it was as is where is. The new owner was going to fix it and give it to his daughter in Hamilton. It is still floating around up here I think they kept it for themselves.
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