VEHICLE SALE AGREEMENT AND RECEIPT
(Private Sale of a Motor Vehicle — Law of England and Wales)
This Agreement is made on ________ between the following parties:
1. THE PARTIES
1.1. The Seller
Name: ________
Address: ________
Telephone: ________
Email: ________
(the "Seller")
1.2. The Buyer
Name: ________
Address: ________
Telephone: ________
Email: ________
(the "Buyer")
(together the "Parties" and each a "Party").
2. NATURE OF THE SALE
2.1. This is a private sale of a used motor vehicle between two private individuals. The Parties acknowledge that this is not a sale by a trader acting in the course of a business, and accordingly the Consumer Rights Act 2015 does not apply to this transaction.
2.2. The principal statutory protection applicable to this sale is the requirement under the Sale of Goods Act 1979 (as amended) that the goods correspond with their description and that the Seller has the right to sell the Vehicle, as set out in this Agreement.
3. THE VEHICLE
Make: ________
Model: ________
Year of first registration: ________
Colour: ________
Registration Number: ________
Vehicle Identification Number (VIN): ________
Engine number: ________
Mileage (in miles): ________ (________)
Number of keys: ________ (________)
MOT expiry date (if applicable): ________
(the "Vehicle")
4. THE PURCHASE PRICE AND PAYMENT
4.1. The agreed purchase price of the Vehicle is the sum of £________ (________), which sum is inclusive of any applicable taxes and charges.
4.2. Payment shall be made by the following method: ________.
4.3. The Seller hereby acknowledges receipt in full of the purchase price stated at clause 4.1 on ________. This document constitutes a valid receipt for such payment.
5. TRANSFER OF TITLE AND RISK
5.1. Legal and beneficial title to the Vehicle shall pass to the Buyer upon receipt by the Seller of the purchase price in full in accordance with clause 4.
5.2. Risk in the Vehicle, including responsibility for insurance, taxation and lawful keeping, shall pass to the Buyer on delivery of the Vehicle to the Buyer, which shall take place on ________ at ________.
6. REGISTRATION WITH THE DVLA
It is recorded that:
6.1. The Vehicle Identification Number set out in clause 3 matches the Registration Certificate (V5C);
6.2. The Seller shall, immediately upon completion, notify the Driver and Vehicle Licensing Agency (DVLA) of the change of keeper of the Vehicle, whether through the DVLA's online service or by post, and shall provide the Buyer's name and address to the DVLA;
6.3. The Buyer has received the new keeper supplement (V5C/2, the "green slip");
6.4. The Buyer acknowledges that they are responsible for arranging valid motor insurance and vehicle excise duty (road tax) before using the Vehicle on a public road, in accordance with the Road Traffic Act 1988 and the Vehicle Excise and Registration Act 1994.
7. SALE "AS SEEN"
7.1. The Vehicle is sold on an "as seen, tried and approved" basis. The Buyer confirms that they have inspected and (where they wished to do so) tested the Vehicle and are satisfied with its condition as at the date of this Agreement.
7.2. Save as expressly set out in this Agreement, and to the fullest extent permitted by law, all warranties, representations, conditions and terms whether express or implied by statute, common law or otherwise are excluded. Nothing in this Agreement shall exclude or limit liability for fraud, fraudulent misrepresentation, or any liability which cannot lawfully be excluded.
8. SELLER'S WARRANTIES
The Seller warrants and represents to the Buyer that:
8.1. the Seller is the sole legal owner of the Vehicle and has the full right and authority to sell it, in accordance with section 12 of the Sale of Goods Act 1979;
8.2. the Vehicle is sold free from any charge, lien, hire purchase agreement, conditional sale agreement, finance agreement or other encumbrance;
8.3. the Vehicle corresponds with the description set out in clause 3 of this Agreement, in accordance with section 13 of the Sale of Goods Act 1979;
8.4. the recorded mileage stated in clause 3 is, to the best of the Seller's knowledge and belief, true and accurate and has not been altered;
8.5. the Vehicle is roadworthy and complies with the relevant requirements as to roadworthiness under the Road Traffic Act 1988 as at the date of this Agreement; and
8.6. the Seller is not aware of any fact or matter affecting the Vehicle which has not been disclosed to the Buyer and which would be material to the Buyer's decision to purchase.
9. ITEMS HANDED TO THE BUYER
The Seller confirms handing the following to the Buyer on completion: the keys stated in clause 3, the V5C/2 green slip, the MOT certificate(s) (where applicable), the service history and any other documents listed here: ________.
10. DATA PROTECTION
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11. ENTIRE AGREEMENT AND SEVERANCE
11.1. This Agreement constitutes the entire agreement between the Parties relating to the sale of the Vehicle and supersedes all prior discussions, representations and understandings, whether written or oral.
11.2. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
11.3. A person who is not a Party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
12. GOVERNING LAW AND JURISDICTION
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13. SIGNATURES
Executed by the Parties on the dates set out below.
13.1. Signed by the Seller
________________________
Name: ________
Dated: ________
In the presence of (witness):
Witness signature: ________________________
Witness name: ________
Witness address: ________
13.2. Signed by the Buyer
________________________
Name: ________
Dated: ________
In the presence of (witness):
Witness signature: ________________________
Witness name: ________
Witness address: ________