My 18 year old Merc failed it’s MOT yesterday, and I now want to flog it for spares / repair on ebay. Am I correct in thinking I’m covered from a liability point of view if I do the follow:

– When I give the new owner bit of the V5 document make sure they sign it with date and time.
– Get them to sign a bit of paper saying they understand the car does not have an MOT and that they can only drive it to a place where it’ll be repaired (don’t think I legally have to do this, but thought it’d cover my back a bit).

Incidentally does anyone have experience of selling for spares / repair? The car failed it’s MOT on the parking brake and a delaminated number plate (clearly woking kwikfit trying to milk me for money as the number plate is in near perfect condition). It runs well (in fact the parking brake works fine, it’s just worn) but is getting a bit tired. I could fix it but to be honest I can’t really be bothered as I was going to get a new car next month anyway.

If they sign the V5 and a document acknowledging work needs doing to make it roadworthy I can’t see any problems. However they can’t drive it away without an MOT unless they’re on-route to the MOT itself, driving it to somewhere to be fixed doesnt cut it – it needs trailering.

Hmmm back of the MOT failure note says:

“Taking it to or bringing it away from a place where by previous arrangement repairs are to be, or have been, made to remedy the defects for which the vehicle was failed”

Doesn’t sound like they need a trailer – it still has tax and is road worthy (i.e. failed on something that isn’t saftey critical – parking brake), just not MOT’d.

I guess I really want to know at which point liability is transfered – I presume it is at the point where I hand over the keys and they sign the log book (assuming they date it and include the time). Can anyone confirm?

They can’t drive it anywhere without a MOT not even to the garage to be fixed. They can drive it to a pre booked mot when repaired though. But not and MOT booked 3 days in advance after it’s been repaired as I understand it.

Oh and make sure you notify the dvla, don’t let them do it and make sure you get the conformation frmo the dvla that they have had it. If you don’t get a conformation you’re still liable for tax/fines etc.

Ewan – i think the point is if it has just failed the test and is being taken for a pre-arranged repair directly from the test centre it is fine, otherwise it is a no-no. And “repairing it at home” doesnt count – I’ve enquired with the local police as mine is currently off the road.

Regardless of whether it is currently taxed, using it without an MOT on public roads for any other reason other than a trip to or from the MOT station is illegal.

Liability is no longer yours when they sign for ownership and you havent hidden anything from them, yup. As Steve says – make sure you send off the paperwork to transfer ownership, not them. Any problems in the intervening time would fall on their liability once the confirmation comes through from the DVLA.

I’ll have a look on the DVLA website as well, but it sounds like if my liability ends when I have a signed document and hand over the keys, then that’s good enough. If they want to risk a 80 quid fine for driving with no MOT then it wouldn’t be my problem.

Point noted on sending the transfer of ownership document myself.

Just sell in on Ebay. When they come to collect it’s surely their responsibility to not be breaking the law (after all you’ve advertised it as having no MOT) not yours.

Has the existing MOT expired, or does it still have a few days/a week to run?

Stop worrying and just sell it.

That’s what I plan to do.

The car does have an MOT until the 16th, however that is no longer valid as it’s failed a test.

I may be tempted myself…..where are you?

Woking, Surrey – tax until the 31/5. Make me an offer, I can supply photos if you’re serious (but not until I’m back from the shops). 170k, needs an oil change (9L of said oil sitting in the boot – guess what I *was* going to do this wkend!), and the parking brake fixed to pass the MOT.

BTW. It’s beige / brown. I presume you’re not interested now! 😆

Bit far away for me thanks! If thats all that needs doing for MOT, then someone on Ebay will snap it up pretty quick!

Good luck!

Thanks, that’s what I’m hoping for!