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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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HI I AM A CAR DEALER AND HAVE RECENTLY SOLD A VEICLE WHICH

Customer Question

HI I AM A CAR DEALER AND HAVE RECENTLY SOLD A VEICLE WHICH HAS ENCOUNTERED A FEW PROBLEMS I HAVE OFFERED TO G THE CAR FULLY REPAIRED AT MY OWN EXPENSE INCLUDING RECOVERING THE VEHICLE ETC SO NO COSTS ARE INCURRED BY THE CUSTOMER. THE CUSTOMER HAS NOW DECIDED THAT HE NO LONGER WANTS THE VEHICLE AND WANTS A FULL REFUND DO I HAVE TO GIVE A FULL REFUND OR CAN I FIX THE VEHICLE AND MAKE GOOD ANY PROBLEMS THAT THE VEHICLE HAS
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

When did they purchase the vehicle please? Was it used, if so how old and how many miles has it done please?

JACUSTOMER-dnlql3f9- :

hi Alex they purchased the vehicle two weeks ago mileage was 133k and the vehicle was a 2009 reg

Alex Watts :

How much did they pay? Did it have a warranty please?

JACUSTOMER-dnlql3f9- :

6500 and i gave a 3 month warranty

Alex Watts :

Is the car not driveable?

JACUSTOMER-dnlql3f9- :

well it broke down last night so we are recovering it as we speak

Alex Watts :

Rights on used vehicles are far less than new. As you can imagine a brand new car would be expected to last far longer than a car of 10 years with many miles on it.

Alex Watts :

That is not to say the Sales of Goods Act does not apply, which it does. Goods must be fit for purpose, as described and of suitable quality.

Alex Watts :

But the rights are far less than with used.

Alex Watts :

Given the age of the vehicle and the fact you have agreed to repair it I think it has been more than reasonable.

Alex Watts :

In this case I think given the age of the vehicle you are entitled to offer a repair rather than a refund.

Alex Watts :

If it was new then by law you would need to offer a refund or repair.

Alex Watts :

But in this case given the age of the vehicle, miles done then I think that offering a repair is right.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-dnlql3f9- :

so sorry i was on the phone to the customer so as the law stands i dont have to give a refund I am however happy to repair the vehicle at my own expense

Alex Watts :

Yes indeed that is correct.

Alex Watts :

Does that help?