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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience:  Over 5 years in practice
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I have bought a second hand mobility scooter and I have been

Customer Question

I have bought a second hand mobility scooter and I have been trying to out on today and found it faulty and I don't think it is safe to use. What are my rights and can I ask to have my money back? thank you.It was a private purchase.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How much did you pay for the scooter please?
Customer: replied 3 years ago.

£450

Expert:  Jo C. replied 3 years ago.
When did you buy and what was said about it at the time of sale?

I'm afraid that its likely to be bad news since it was a private sale.
Customer: replied 3 years ago.

Michael was told everything was working correctly.

Expert:  Jo C. replied 3 years ago.
What was the date of purchase roughly?
Customer: replied 3 years ago.

21st March 2014.

Expert:  Jo C. replied 3 years ago.
Whats the fault?
Customer: replied 3 years ago.

Supply keeps cutting out and seat should lock into position but dosen't.

Expert:  Jo C. replied 3 years ago.
Thanks.

The Sale of Goods Act doesn't apply to this type of purchase becuase its a private transaction so there is no requirement that the scooter be fit for purpose. Its a case of buyers' beware with a private sale.

However, you could drop down upon the law of misrepresentation. It depends exactly what you were told about the condition of the scooter and whether it was either 'untrue or misleading'. If you were told that all was working well and then there was a major fault within a short time then that probably would be considered misleading.

You don't automatically get your money back with misrepresenation though. Its an option for them to pay the diminution value but they won't do that here. For a £450 deal its cheaper to pay the full amount back than it is to have the scooter repaired and work out the dimunition value.

They may well just give you a full refund anyway to avoid the threat of going to court.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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