Dudley Dealer is back !

[Linas.P]

35 minutes ago, Greer said:

No, you don't have to give any description of goods you sell, common sense dictates you state what it is your selling, but beyond that you do not have to say anything at all about the goods, >it is then up to the potential buyer< if they buy it or not...in the case of cars, not many people know much about them so theres not much they can say, so, to repeat...you do not have to give any description beyond the goods are for sale!

Fair enough - the level of detail you provide is up-to you. But if provided - it must be correct. As is you legal duty is to sell the car which is roadworthy, meaning that anything which would not pass MOT is illegal, unless it is specifically noted - what isn't clear here?

Further if you not private seller, but trader you must honour statutory rights and fix or cover costs of any defects you have not mentioned when selling. 

I don't care you don't like it - that is law.

[Linas.P]

The fraudulent trader is well known in this forum and his latest car listing follows the pattern. I think anyone who wanted, already understood what this thread is about, but if you are having difficulties, then perhaps hearing it again could help? 👍

[doog442]

13 minutes ago, Greer said:

I have no wish to be a part of any 'click' type groups of any subject.

 

No one is in a click. I sometimes read these threads on these old Lexus barges yet would never buy one but respect to those who do and who are a valued part of this community. However the Dudley guy is as dodgy as they come and I spent a lifetime dealing with dodgy people.

On a forum such as this, to get a reputation such as this guy usually means he's just that. Many of the threads previously mentioned have been backed up with details of court cases and some bloody brilliant detective work plus plenty of factual information. 

Long may it continue 

[Mincey]

19 hours ago, royoftherovers said:

Funny you should mention that because of the way my mind can occasionally warp sometimes I did think that Greer was a pseudonym for D Dealer.I must have seen too many Inspector Clouseau films.

Even years later, I'm still in hysterics whenever I see the "does your dog bite?" scene (or should that be "does your duuurg bite?"?) 

 

[Linas.P]

11 hours ago, Greer said:

That must be guesswork & its incorrect, it is not illegal to sell a car without an MOT.

Correct, but it should say it has no MOT then. Further, you cannot sell the car with the fault which would result in MOT fail (without mentioning it).

You just going again and again over the same topic without adding much. Look argument is watertight and there are no gaps - when selling the car you must:

• provide description - level of details is up-to you as long as they are true.
• car must be road worthy, meaning it should not have (unlisted) fault which would be MOT failure. 

You can always check good legal advise if in any doubt:

https://www.daslaw.co.uk/blog/selling-a-car-rights-and-responsibilities

[Linas.P]

7 minutes ago, Greer said:

More guesswork & again incorrect, the car has an MOT which expires 22 April 2021....check it with DVLA, reg number, S471JGM

Having MOT is irrelevant. Present MOT doesn't mean car is roadworthy + we were talking generally, not about specific car in question.

Quote

An MOT certificate confirms at the time of the test your car met the minimum road safety and environmental standards required by law.

It doesn’t mean your car will remain roadworthy for the following 12 months. You still need to make sure you maintain your car well, including regular servicing.

https://www.gov.uk/check-vehicle-safe

[Linas.P]

10 minutes ago, Greer said:

It does not have to be roadworthy to sell it/a car

You are simply wrong - legally it has to be roadworthy. Again you don't need to like it, but you nobody cares about that, you still wrong.

As per The Consumer Rights Act 2015 - it is a criminal offence to sell an unroadworthy car. Further and more relevant to this topic - A dealer pretending to be a private seller is committing a criminal offence.

End of story.

[royoftherovers]

1 hour ago, Linas.P said:

You are simply wrong - legally it has to be roadworthy. Again you don't need to like it, but you nobody cares about that, you still wrong.

As per The Consumer Rights Act 2015 - it is a criminal offence to sell an unroadworthy car. Further and more relevant to this topic - A dealer pretending to be a private seller is committing a criminal offence.

End of story.

For the avoidance of doubt and misunderstanding and to shut you two up!

A Private individual can sell a vehicle to whoever he likes. It does not need to be in ANY particular condition, but the seller must not represent the vehicle IN ANY WAY. He must answer any questions honestly.

It is the responsibility of the Buyer to satisfy himself that the vehicle is of a satisfactory quality and suitable for the purpose for which he wishes to buy it. He is expected to perform Due Diligence and makes such enquiries and ask such questions as he thinks fit.

The Principle is Caveat Emptor i.e. Let the Buyer beware.

It is wise to document matters concerning the transaction and have it signed and dated by both parties.

 

A Trader is a person whose business it is to buy or sell vehicles. If in doubt, H.M.R.C. will determine whether one is a Trader or not.

It is an offence for anyone who trades, to identify themselves as a Private Individual.

A Private Individual who buys from a Trader has the comfort of THE CONSUMER RIGHTS ACT 2015 which places certain Statutory Obligations upon the Trader. The Trader must act in good faith and not misrepresent the vehicle in any way.

It is wise for all details of any transaction to be documented as above.

In the event of any dispute arising out of a Private Sale or with a Trader, the Courts will determine a resolution, authoritatively,  having regard to the facts of the transaction. Hence the advice to document everything. 

The Lexus Forum in my opinion is not the best place to resolve disputes.

[Linas.P]

@royoftherovers - agree with above. I just reword following:

8 minutes ago, royoftherovers said:

A Private individual can sell a vehicle to whoever he likes. It does not need to be in ANY particular condition, but the seller must not represent the vehicle IN ANY WAY. He must answer any questions honestly.

Private Individual has a duty to sell goods "as described" (this is definition in The Consumer Rights Act 2015). I does not change your sentence in any particular way, but it puts emphasis on description of the goods being most important part in case of private sale.

[royoftherovers]

6 minutes ago, Linas.P said:

@royoftherovers - agree with above. I just reword following:

Private Individual has a duty to sell goods "as described" (this is definition in The Consumer Rights Act 2015). I does not change your sentence in any particular way, but it puts emphasis on description of the goods being most important part in case of private sale.

Lina, CRA 2015 does not apply to private sales.

If goods are not as described under any transaction of any kind that amounts to misrepresentation.

I note that you have deleted the following words from your response

"Thank you Roy for that lucid, informed and succinct contribution"  🙂

[Linas.P]

The Road Traffic Act,  Section 75.1 - Vehicles not to be sold in unroadworthy condition -  this applies to both traders and individual sellers. It is criminal offence to supply unroadworthy vehicle.

The Consumer Rights Act 2015 - does not specifically exclude individuals, but I do agree that I concerns traders as "a person acting for purposes relating to that person's trade, business, craft or profession" - implying it applies to traders and not private individuals. Just to note: The Consumer Rights Act 2015 combines multiple consumer protections acts and does not replace them all fully. This means that by extension there may be laws applicable to private individuals as well.

To answer that I would need to study all the acts again and to be fair I don't have mood for it, so I have to trust you on this one!

Either way Dudley guys is a trader, not private individual, so for him act applies in full... 

P.S. "Thank you Roy for that lucid, informed and succinct contribution" 😁

[steve2006]

Business is good this week, I wonder if this one will get to it’s new home without a problem?

https://www.ebay.co.uk/itm/2000-LEXUS-LS-400-V8-280-BHP-90K-MILES-GS-SC-430-CROWN-CELSIOR-SOARER-RWD-DRIFT/303751459311?hash=item46b8ff71ef:g:RVgAAOSwxSNfoWv1

 

[rich1068]

Nice colour.

Not limited to this seller but I am extremely wary of all the vehicles for sale at the moment that haven't had MOTs since the middle of 2019 due to the April on deferment. 

[The-Acre]

20 hours ago, steve2006 said:

Business is good this week, I wonder if this one will get to it’s new home without a problem?

https://www.ebay.co.uk/itm/2000-LEXUS-LS-400-V8-280-BHP-90K-MILES-GS-SC-430-CROWN-CELSIOR-SOARER-RWD-DRIFT/303751459311?hash=item46b8ff71ef:g:RVgAAOSwxSNfoWv1

 

It actually looks nice but I still wouldn't trust a car that's been through that man's hands!

[rally1998]

The guy is still dealing.

https://www.ebay.co.uk/itm/99-LEXUS-LS-400-MK4-TOYOTA-CELSIOR-65K-MILES-JDM-JAP-IMPORT-FULL-MOT-MINT-CROWN/303886007604?hash=item46c1047d34:g:DjoAAOSwDvZgK8z~

We all know he's a trader yet he says no warranty implied or given. Against the law. The guy is a crook and needs locking up and the keys thrown away.

[The-Acre]

7 hours ago, rally1998 said:

The guy is still dealing.

https://www.ebay.co.uk/itm/99-LEXUS-LS-400-MK4-TOYOTA-CELSIOR-65K-MILES-JDM-JAP-IMPORT-FULL-MOT-MINT-CROWN/303886007604?hash=item46c1047d34:g:DjoAAOSwDvZgK8z~

We all know he's a trader yet he says no warranty implied or given. Against the law. The guy is a crook and needs locking up and the keys thrown away.

Looks nice, apart from the scabby rear fog light done on the cheap. But sadly the sellers reputation is as low as its possible to get on this forum.

[Malc]

strange, just noticed trawling thru' the Honda Legend cars for sale on Auto.rader there's a Audi estate for sale by someone in Dudley from a residential street  .........  one and the same maybe😲

Malc

[PCM]

13 hours ago, Malc said:

strange, just noticed trawling thru' the Honda Legend cars for sale on Auto.rader there's a Audi estate for sale by someone in Dudley from a residential street  .........  one and the same maybe😲

Malc

https://www.ebay.co.uk/itm/303993986274?hash=item46c7741ce2:g:t8IAAOSwnzJgpXlP ?

[royoftherovers]

3 minutes ago, PCM said:

https://www.ebay.co.uk/itm/303993986274?hash=item46c7741ce2:g:t8IAAOSwnzJgpXlP ?

Steer clear.

"Category D and mileage discrepancy"

Smells of our Dudley Bandit.

[steve2006]

It is Dodgy Dudley, as soon as you see the words “fine drive” in the description it gives his identity away.

[steve2006]

A change of tact with “ fine drive” not mentioned on this one.

Has a fairly fresh MOT ( not full as stated) but a noisy wheel bearing.....mmmmm.

https://www.ebay.co.uk/itm/304095048869?hash=item46cd7a34a5:g:~ysAAOSwbx1hI6aw