SOGA purchasing Vans from company

SOGA purchasing Vans from company

Author
Discussion

matty g

Original Poster:

260 posts

212 months

Wednesday 28th May
quotequote all
We are in final contract negotiations and the company we are contracting to have asked us as part of the TUPE process to buy their drivers vans off them.
Happy to do this but I think their valuation is a little high. But still cheaper than us trying to source 7 vans in the next few weeks.

If we are purchasing these vans from a PLC will they be covered under SOGA or is that only for registered traders

Matt

MustangGT

13,088 posts

294 months

Wednesday 28th May
quotequote all
You've asked this before just a couple of weeks or so ago. The answer is still the same.

No.

ADJimbo

621 posts

200 months

Wednesday 28th May
quotequote all
matty g said:
We are in final contract negotiations and the company we are contracting to have asked us as part of the TUPE process to buy their drivers vans off them.
Happy to do this but I think their valuation is a little high. But still cheaper than us trying to source 7 vans in the next few weeks.

If we are purchasing these vans from a PLC will they be covered under SOGA or is that only for registered traders

Matt
My interpretation of SOGA(1979) differs somewhat from MustangGT’s.

SOGA(1979) does make provision for B2B transactions but it’s very limited in its scope with four hinges pertaining. The two major ones in a deal like this are;

1. The seller must hold legal title to sell the vehicle - in essence, they must be their’s to sell. Free from finance etc.
2. The vehicles must be accurately described.

Number one is easily sorted as part of due diligence. Number two can create pitfalls. If you think you’ve bought a White Luton Transit that’s only done 48k and it turns out to be red Vauxhall Combo on 157k then you’d have litigational redress under the SOGA(1979) for misdescription.

However, the SOGA(1979) offers zero protection on used vehicles within the B2B arena. So if you buy Bob’s van on the Friday and it breaks down on the Monday - clutch goes for example - leaving you with a £3k bill - then you’ll have no litigational redress.

MustangGT

13,088 posts

294 months

Thursday 29th May
quotequote all
Agreed your response is somewhat fuller than mine. smile

Provided the vehicles are as described there is no redress.

Sheepshanks

37,007 posts

133 months

Thursday 29th May
quotequote all
With B2B it s down to the contract between the two firms - so get whatever terms you want put into the contract to buy the vehicles. Of course the seller may not agree to everything so then it s a matter of negotiation.

The SOGA would really only be useful if you were buying from a dealer in the normal way.