Selling As Is Contract Template for England and Wales
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What is a Selling As Is Contract?
The Selling As Is Contract is commonly used when transferring ownership of items where the seller wishes to limit their liability for the item's condition or future performance. This contract type is particularly relevant in England and Wales, where it must balance the seller's desire to limit liability with mandatory consumer protection requirements. The document typically includes detailed descriptions of the item's condition, known defects, and explicit acknowledgment from the buyer that they accept the item in its current state. It's essential when selling used, refurbished, or potentially defective items, though certain consumer rights cannot be excluded even with an 'as is' clause.
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Frequently Asked Questions
Is a selling as is contract legally binding in England and Wales?
Yes, a selling as is contract is legally binding in England and Wales when properly executed between parties. However, certain consumer protection rights under the Consumer Rights Act 2015 cannot be excluded, meaning some warranty disclaimers may be unenforceable in consumer transactions. The contract must still comply with fundamental requirements like satisfactory quality and fitness for purpose in consumer sales.
Can I exclude all warranties when selling as is in England and Wales?
No, you cannot exclude all warranties in consumer transactions under England and Wales law. The Consumer Rights Act 2015 provides non-excludable statutory rights including satisfactory quality, fitness for purpose, and goods matching description. In business-to-business sales, more warranties can be excluded, but exclusions must be reasonable and clearly stated under the Unfair Contract Terms Act 1977.
How long does it take to prepare a selling as is contract?
A basic selling as is contract can typically be prepared within 1-2 hours using a template, including time to customize terms for your specific transaction. More complex sales involving detailed condition descriptions, multiple items, or specific legal considerations may require several hours or professional legal review to ensure compliance with England and Wales requirements.
How does selling as is differ from a standard sale contract in England and Wales?
A selling as is contract explicitly limits the seller's liability for defects and disclaims warranties beyond those required by law, while a standard sale contract typically includes broader seller warranties. The key difference is the allocation of risk - buyers assume greater responsibility for the item's condition, though statutory consumer protections under the Consumer Rights Act 2015 still apply where relevant.
Can I sell a car as is without any comeback under England and Wales law?
No, selling a car 'as is' doesn't eliminate all legal obligations in England and Wales. If you're a trader selling to consumers, the Consumer Rights Act 2015 still applies, requiring the car to be of satisfactory quality and fit for purpose. Private sellers have fewer obligations but must still not misrepresent the vehicle's condition or history.
Most common mistakes people make with selling as is contracts?
The most common mistakes include attempting to exclude non-excludable consumer rights, failing to clearly describe known defects, and not distinguishing between consumer and business sales. Many sellers also fail to properly document the item's condition at sale or use overly broad exclusion clauses that may be deemed unfair under England and Wales consumer protection laws.
Does a missing or incomplete selling as is contract void the sale?
A missing or incomplete contract doesn't automatically void the sale, but it significantly weakens legal protections for both parties. Without clear terms, the Sale of Goods Act 1979 and Consumer Rights Act 2015 default provisions apply, potentially giving buyers stronger rights than intended. Disputes become harder to resolve without documented agreement on condition disclaimers and liability limitations.
About the Selling As Is Contract
A Selling As Is Contract is a legal agreement that transfers ownership of goods while explicitly limiting the seller's liability for the item's condition, quality, or future performance. Under England and Wales law, these contracts must carefully navigate between protecting sellers from unforeseen issues and respecting mandatory consumer rights that cannot be legally excluded.
When do you need this document?
You need a Selling As Is Contract when selling items where you cannot guarantee their condition or performance. This includes selling second-hand vehicles with unknown mechanical issues, disposing of business equipment during company closure, selling inherited items where you lack complete knowledge of their history, or transferring property with known defects you cannot afford to repair. The contract is particularly valuable in commercial transactions between businesses, estate sales, and situations where items have been stored for extended periods without recent testing or maintenance.
Key legal considerations
The 'as is' clause forms the contract's foundation, explicitly stating that goods are sold in their current condition without warranties or guarantees. You must provide accurate descriptions of known defects or issues to avoid misrepresentation claims under the Misrepresentation Act 1967. The contract should clearly allocate risk transfer, typically occurring at the point of sale or collection. Payment terms must be specified, including any deposits or staged payments. Importantly, while you can exclude many warranties, certain consumer rights under the Consumer Rights Act 2015 remain non-excludable, particularly regarding satisfactory quality and fitness for purpose in consumer transactions.
Legal requirements in England and Wales
Under the Sale of Goods Act 1979, implied terms about satisfactory quality and fitness for purpose can be excluded in business-to-business transactions but not in consumer sales. The Consumer Rights Act 2015 provides additional protection, making certain rights non-excludable regardless of contract terms. The Unfair Contract Terms Act 1977 applies a reasonableness test to exclusion clauses, meaning overly broad liability exclusions may be unenforceable. You must comply with the caveat emptor principle while ensuring all known material defects are disclosed. The contract must be clear and comprehensible, avoiding unfair terms that create significant imbalances between parties' rights and obligations. For consumer transactions, you cannot exclude liability for personal injury or death resulting from negligence.
GOVERNING LAW
Applicable law
This Selling As Is Contract is drafted to comply with England and Wales law. Key legislation includes:
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