Sold As Seen Contract Template for England and Wales

A Sold As Seen Contract provides legal protection when you need to sell items with limited warranty obligations under England and Wales law. This type of agreement clearly establishes that you are selling goods in their current condition, with the buyer accepting responsibility for any defects or issues that may arise after purchase. While you cannot completely exclude all legal protections for consumers, this contract helps minimise your liability and sets clear expectations for both parties.

When do you need this document?

You need a Sold As Seen Contract when selling used vehicles, second-hand furniture, electrical appliances, or any pre-owned goods where you want to limit your liability for the item's condition. This is particularly important for private sellers who lack the resources to offer extensive warranties or guarantees. The contract is also valuable when selling items with known defects that you have disclosed to the buyer, or when the buyer has had the opportunity to fully inspect the goods before purchase. Business sellers should be especially careful, as consumer protection laws provide stronger safeguards in business-to-consumer transactions.

Key legal considerations

Your contract must include detailed descriptions of the items being sold, including any known defects or issues. You cannot exclude liability for fraudulent misrepresentation under the Misrepresentation Act 1967, meaning you must accurately describe what you are selling. The Unfair Contract Terms Act 1977 applies a reasonableness test to exclusion clauses, particularly in business transactions. You must ensure that your 'sold as seen' terms are fair and reasonable given the circumstances of the sale. Additionally, you cannot exclude liability for death or personal injury caused by negligence, and certain implied terms about title and description may still apply even in 'sold as seen' contracts.

Legal requirements in England and Wales

Under the Sale of Goods Act 1979, goods must still match their description even in 'sold as seen' sales, and sellers must have the right to sell the items. The Consumer Rights Act 2015 provides additional protections for consumer buyers, including requirements that goods be of satisfactory quality and fit for purpose, though these can be limited where defects are specifically drawn to the buyer's attention. Your contract must clearly identify all parties with full names and addresses, specify the purchase price and payment terms, and include an express statement that the sale is on a 'sold as seen' basis. You should also include provisions for the transfer of title and risk, ensuring the buyer understands when ownership and responsibility pass to them.