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Oriphix

523 posts

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#196309 26-May-2016 15:50

Hi Guys,

 

I have put a car on TradeMe and selling it at $1 (start = reserve).

 

Was reading through NZTA website on selling a vehicle for best practice as I have never sold a car privately before.

 

I came across this: https://www.nzta.govt.nz/vehicles/buying-and-selling-a-vehicle/selling-a-vehicle/

 

The car does have a current WOF (expires November) however its older then a month and have I stated that its "sold as is where is basis".

 

Is this normal practice to get a written confirmation from the buyer that they accept that the WOF is older the one month?

 

Just wanted to check with any of the experts that might be here. 

 

Thanks

 

 

 

Warrant of fitness required

 

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’. If the buyer is happy with that, they should give the seller a written undertaking that the vehicle won't be used on the road except for taking it for repair or a new WoF inspection.


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ubergeeknz
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  #1560144 26-May-2016 15:59
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I normally get buyers to sign a disclaimer that the vehicle is being sold "As-is-where-is" because with an old car you have no idea what might break once it leaves your driveway. 


 
 
 

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  #1560145 26-May-2016 16:03
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 Something like this:
May be a little over the top but its a good place to start

 

 

 

 

 

Sale and Purchase of Motor Vehicle (in Duplicate)

 

 

 

Parties:

 

A. (Insert full name) (Seller)

 

B. (Insert full name) (Purchaser)

 

Background:

 

1. The Seller sells to the Purchaser the Motor Vehicle (Motor Vehicle) listed in the Schedule (Schedule).

 

2. The Purchaser has agreed to purchase the vehicle for the full purchase price of $_________ (Purchase Price) and under the conditions listed below.

 

Conditions:

 

1. The Purchaser confirms that the Motor Vehicle is sold as seen, tried and approved by the Purchaser and on an as is where is basis without any expressed or implied representations, warranties or conditions whatsoever about the vehicle.

 

2. Any "known issues" listed by the Seller below is expressly agreed not to be a representation, warranty or condition to the Seller about the Motor Vehicle and is provided purely on a courtesy basis by the Seller and not a professional opinion. In no circumstances shall it negate the fact the vehicle is sold on an "as is where is" basis as stated in condition 1 above.

 

3. The Seller confirms that no money is owed on the Vehicle and it is free from all Security Interest under the Personal Property Securities Act 1999 .

 

4. Ownership, possession and risk of the Motor Vehicle passes at the exact time stated below.

 

5. Payment of the {Full/Balance of} Purchase Price must be in Cash/Bankers Cheque/Personal Cheque/Bank Transfer [delete where not applicable] and on or before {possession is taken by the Purchaser/ [or note date and time here]}.

 

6. The Seller must deliver all known keys (___ set(s)) and ________alarm remote control(s) upon receipt of the full payment of the Purchase Price from the Purchaser .

 

7. The Seller warrants there are no other keys or remotes for the vehicle other than those given to the Purchaser.

 

Payment:

 

Full Purchase Price $________________________________

 

Deposit $_________________ (receipt of which is hereby acknowledged/to be paid on or before _____ day of ____________________ 20 ) [delete where not applicable]

 

Balance of Full Purchase Price $ ____________________________ (to be paid ______________________________)

 

Time when Ownership, Possession and Risk Passes to the Purchaser:

 

Ownership, possession and risk of the Motor Vehicle passed from the Seller to the Purchaser at (insert actual time) am/pm on (insert actual date)

 

(km on delivery to Purchaser (insert km) km)

 

Schedule:

 

Motor Vehicle Model and Year:

 

Model Code:

 

Colour:

 

Engine No:

 

VIN:

 

Registration:

 

Known issues: None or listed below:

 

Extras provided with the vehicle: (example) Carbon bonnet (factory white bonnet also provided), Carbon rear wing, aftermarket wheels, interior carpet (not installed), Carbon intake arm and filter, Genuine Honda access Civic Type R shocks/springs (damper adjustable).

 

Signed hereunder by the Parties on this day the (day/Month) 20____ :

 

--------------------------------------------

 

Seller

 

--------------------------------------------

 

Purchaser

 

 


Oriphix

523 posts

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  #1560146 26-May-2016 16:04

ubergeeknz:

 

I normally get buyers to sign a disclaimer that the vehicle is being sold "As-is-where-is" because with an old car you have no idea what might break once it leaves your driveway. 

 

 

Good to know. Did you write this yourself or got it online?




ubergeeknz
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  #1560150 26-May-2016 16:10
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It's normally been just hand written or printed.  Nothing fancy.  Up to you what you want to do, IANAL so I cannot say if that would hold up in court but I'm sure it's better than nothing at all.


Oriphix

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  #1560151 26-May-2016 16:12

Jase2985:

 

Something like this:
May be a little over the top but its a good place to start

 

 

That's awesome, thanks for that. I will use that I think.

 

The car is working perfectly the problem is I have no idea what will happens when it leaves my house (old car).

 

Dont want it coming back and bite me so want to be safe then sorry.

 

 

dan

dan
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  #1560152 26-May-2016 16:15
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Ive used this quite a few times... 

 

https://carjam.co.nz/vehicle-sales-agreement/


Oriphix

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  #1560153 26-May-2016 16:18

I actually found one which makes it for you. Just need to fill it and print it.

 

https://carjam.co.nz/vehicle-sales-agreement/

 

 

 

@dan

 

You got there before me :)  

 

I did notice they can't spell License though in the agreement but again that can be changed.

 

Thanks




kingjj
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  #1560175 26-May-2016 17:26
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Good luck with all the tyre-kickers, 'arm chair experts', lonely folks and general time wasters that TM seems to attract with vehicle sales. Do make sure that the registered owner is changed ASAP, you can do this online at the time of sale. Last car we sold on TM the seller brought a very basic contract with them similar to the one above and we did change of ownership on the spot. 


Oriphix

523 posts

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  #1560450 27-May-2016 09:04

Haha.

 

Yeah well that's part of it I guess.

 

 


Oriphix

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  #1560478 27-May-2016 09:35

So I got a some people that wants to come and test drive the car.

 

Which is fine however what happens if they crash my car while driving?

 

Is there a paper they sign saying if the car is crashed they buy it for $x price?

 

Not sure what is the normal process for that. 

 

I know for dealerships they get you to pay the excess?

 

I found this: http://i.i-sgcm.com/news/article_advice/2009/92_indemnityform.pdf 

 

Thanks


Batman
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  #1560482 27-May-2016 09:39
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I wouldn't worry too much. Just set out your terms and conditions clearly.

But whatever you do don't lie about anything. That could get you on trouble. I think.

Batman
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  #1560484 27-May-2016 09:40
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Oriphix:

So I got a some people that wants to come and test drive the car.


Which is fine however what happens if they crash my car while driving?


Is there a paper they sign saying if the car is crashed they buy it for $x price?


Not sure what is the normal process for that. 


I know for dealerships they get you to pay the excess?


I found this: http://i.i-sgcm.com/news/article_advice/2009/92_indemnityform.pdf 


Thanks



That's tricky. Make sure your insurance covers them. If not they shouldn't.

myopinion
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  #1560519 27-May-2016 10:40
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Insurance should cover everyone as long as they hold a license but the excess may differ for non named drivers etc. As far as I am aware all private sales are as is where is with no come backs.


Oriphix

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  #1560524 27-May-2016 10:47

Well I think just to be on the safe side I will get people to sign that.

 

As what happens if they get a speeding ticket while driving. I will only know that later on.

 

I know its a bit over the top but rather be safe then sorry.


Batman
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  #1560528 27-May-2016 10:55
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Ticket sent to you. but you can flick it on if you have evidence who was driving it PLUS their contact detail.


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