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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70653
Experience:  Over 5 years in practice
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My daughter bought a car last week and due to lots of issues

Customer Question

My daughter bought a car last week and due to lots of issues the trader has verbally said she can have a full refund, if we get there tomorrow and this is not the case, where do we stand
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.
Hi

Did she buy from a dealer?
Customer: replied 4 years ago.

a trader , he has a web site so not sure if classed as a dealer

Expert:  Jo C. replied 4 years ago.
How much did she pay?

How old is the car?

What are the faults?
Customer: replied 4 years ago.

The car was £2,650, she paid £1,500.00 and he took her car in part exchange.the car is 11 years old { 52 plate }


we got it home and found 5 wheel nuts missing from 2 wheels, he said a service had been done , it hadnt, also stated in his advert that had 2 previous owners, it has had 7, she emailed him and he said he would pay for the service that she had done today however neither her or the garage could get hold of them today, the garage that carried out the service found


other faults and said it is not fit for purpose, The trader is in Bideford, I live in Devon and at this moment my daughter is travelling from Wales

Expert:  Jo C. replied 4 years ago.

You cannot normally claim a refund in these circumstances but there are some exceptional reasons here.

There are clearly Sale of Goods Act issues here. The vehicle does have faults and even though it was not a hugely expensive car one still would not expect these faults. That does not mean that you can claim a refund. Its really hard to reject a secondhand car under the SGA and the actual faults here would not be sufficient. You can still claim a repair but not a full refund.

That said, there are misrepresentation issues as they have said that the vehicle was serviced when it was not and had fewer owners than it did. These are fairly substantial misrepresentations and the proper remedy for that would be rescission of the contract.

You can always sue at the small claims court.

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Customer: replied 4 years ago.

FOR JOMO 1972


, I understand your advice, however the trader did verbally agree to a full refund and I have witnesses to this, is he not obliged to stand by this?

Expert:  Jo C. replied 4 years ago.
Not of itself. That would not make a contract of itself.