I've just bought my very first new car.

This means that I now have to get rid of (sell) my old Renault 19.

I prepared a for sale advert and got one of my (Swiss) work colleagues to proof it for me. It had its last MFK (MOT Equivalent) way back in 2003. As I am selling it very cheaply, I don't want to get it tested again but my colleague says that if I sell it without an MFK then I will be liable under Swiss law for any defects arising in the next six months.

Is this indeed the case? Is this law a countrywide thing or only applicable to Kanton Basel? I'm asking because I live in Kanton Solothurn.

Thanks in advance

Total rubbish.

THis is how it goes.

If you have a car that is tested, eg. tested yesterday.

Then you sell the car without warranty, usually for a good price, this means the buyer can drive the car away, get his numbers on the car and drive around until its next test.

If you sell the car without a test, you near enough have to pay someone to take the car, which means you can hardly sell the thing, if someone buys it they must test it before it goes on the road, and that can cost money, thats the problem.

Thats why when you see cars for sale it says, ab MFK, with the test. or ohne MFK.

Now after the test is one year old, when you want to sell the car, the test then is invalid, and it must be renewed.
However if you sell the car to a relative ie. keeping it in the family, then the test remains valid.

I don't know your friend, but my guess is that maybe your car is good, and he wants to get a cheap car wherebuy you pay for everything and he has a cheap car.

You want rid of your car, put it in ricardo, good site, cheap under last MFK 2003 AND ALL THE USUAL STUFF,GOOD CONDITION ETC.
And don't worry about such rubbish,perhaps your friend does not know either,and someone told him so much rubbish.

Its, just here with the rules and regulations that there is always someone trying to make a quick buck out of someones ignorance, I know it is the same all over the world, but here it is more prevalent.

Need any more help, just ask.

Thanks for your quick reply Ynot.

The colleague who actually proofread my advert has no interest whatsoever in my car. He was letting me know so that I don't get "stung" later.

I asked him again and he sticks by what he said, telling me that it's "gesetzlich"

I'm going to investigate the Ricardo option and will add the "ab Platz" rider to my advert.

Thanks once again.

Thanks for your reply, but you are definitely not resposible let me make it qiute clear,there is no such law, NOT FOR YOU AS A PRIVATE SELLER.

However, if a garage repairs your car, and you have an accident through a defect (MECHANICAL), then the garage is held responsible, and this is where the rip off by garages come in :

You take your car to the garage for a simple repair,while they fix it, they spot some minor, and I mean minor problem, the next thing they tell you this and that needs doing otherwise the vehicle won't be roadworthy, what do you do, you've no choice but to let them do it.
Ok. there's two sides to this story,
1. The car is kept in tip top condition, nothing wrong with that.
2. The garage is making a killing, at your expense.
3. The real reason is as follows:

About twenty years ago, could be a little over,(time flys when your
having fun), a garage repaired a land rover,did the job correct, the owner drove the vehicle on the motorway and the drive shaft broke, the driver lost control and the result three dead.
The driver was charged,with everything suings, the usual stuff, however his defense was:
I brought the car to the garage to be repaired, and it is their resposibility to check the whole vehicle over before they let it out on the road and it is their resposibility to check and tell me if anything needs urgently doing and not to give it to me back unless this vehicle is safe to use.
And in this case, this was the case, the UJ ( universal joint) was defect and they (the garage) had'nt told the driver, or let the car out without checking.

The result the driver got off scott free.

The garage was held responsible, and the law was changed so that all garages are held responsible for such cases, and since then this is how the garages rip you off, they are merely covering their backsides to put it mildly.

Now this is probably where your friend is getting mixed up,YOU CANNOT BE HELD RESPONSIBLE, it is only the garages that are held responsible, and that is THE GESETZE.
look at it another way, you get the car fixed by a garage,sell it in part exchange for your new car, I buy the car have problems, go back to the garage, complain and they say, 'nowt to do with me mate, go and see
Flashman4,'

What you gonna say, 'nowt to do with me mate, garage fixed it, here's the bill, sort it out yourself.'
So what's the answer, apart from lawyers and a lot of money, youv've got it, a knukcle sandwich.

So, once again, you have no responsibility when it's sold, as long as you don't give any form of warranty.

caveat emptor is the phrase you seek, ynot

PHEW!!!!

Thanks, should have stayed on at school and learned me latein, would have saved my fingers doing a dance on the key board, but that's it in a nut shell.

or even "Sold As Seen"

dave

Or,,

'As is, where is'

Thanks once again for all your answers.

I know about the "caveat emptor" and the "as is" (I would use the "ab Platz" rider in my ad) but really wasn't sure about the Swiss side of things.

Gonna post my advert now but before I do......

Anyone wanna buy a Renault 19 in good nick with a full service history?

How much ?