THIS AGREEMENT is made the ______ day of _________________ year _____
BETWEEN: (1) _________________ of _________________ (the ‘Buyer’); and (2) _________________ of _________________(the ‘Seller’).
NOW it is HEREBY agreed as follows:
1. In consideration of the sum of ____________, receipt of which the Seller acknowledges, the Seller sells and transfers to the Buyer the vehicle (the ‘Vehicle’):
Make: _________________
Registration Number: _________________
Year of Manufacture: _________________
Colour: _________________
2. The Seller hereby warrants: _________________
3. The Seller warrants that while the Vehicle was in the Seller’s possession, the odometer was not altered or disconnected and that to the best of the Seller’s knowledge the odometer reading above:
( ) reflects the actual mileage.
( ) reflects the actual mileage in excess of 99,999 miles.
[4, Save as aforesaid the Seller gives no warranty that the vehicle is of satisfactory quality or that it is fit for any particular purpose].
or
[5. Although his sale is not made in the course of any business of the Seller, it is nonetheless agreed that the statutory terms as to satisfactory quality set out in the Sale of Goods Act Section 14 shall have effect and it is further agreed that the car shall be fit for its purpose, that is to say: _________________]
[6. In part payment of the purchase price, the Buyer has paid to the Seller the sum of ________. The remainder of the purchase price, being the sum of _________ shall be paid to the Seller on or before _____________]
[7. The Seller remains the owner of the car until the entire purchase price is paid].
[8. The Buyer shall be entitled to remove the car from the Seller’s premises when the entire purchase price is paid, at which time ownership of the car, the risk of loss or damage to it, and the responsibility to insure it will pass to the Buyer. For the avoidance of doubt, if the price is paid by cheque, the price will not be deemed to have been paid until the cheque has cleared].
[9. This is the entire agreement between the parties. Further, the Buyer accepts that he has not relied upon any statement which the Seller may have made].
10. The applicable law of this Agreement is English law.
The parties hereto have signed this Agreement the day and year first written above.
SIGNED_________________
Signed by or on behalf of the Buyer
Note: This form is not appropriate where a seller is selling the car in the course of a business to a person who is buying as a consumer, because it allows the parties, if they agree, to exclude any warranty of satisfactory quality or fitness for purpose. The law does not allow this where goods (including cars) are sold in the course of a business to a person who is buying as a consumer.
The seller must take care to ensure that the car is roadworthy, as otherwise he could be guilty of a criminal offence, even if the car is not sold in the course of a business.
