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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3493
Experience:  Solicitors 2 years plus PQE
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Hi, I sold a horse trailer about 2 months ago and did not hear

Customer Question

Hi, I sold a horse trailer about 2 months ago and did not hear anything from the new owners until late until last night. They have said that on their first trip out the wooden floor of the trailer gave way and that it now needs replacing and they now want me to contribute to this repair but they did not say when they did this. At the time of the sale I was unaware that the floor of the trailer was in anyway rotten and I was still using the trailer to transport my own two horses. I had the trailer serviced approximately 8 months prior to the sale and I was advised that there was not a problem with the floor but do not have any paper work to support this. There was some work that needed doing to the roof and I discounted the price of the trailer to compensate for this. When they came to view it they were happy with what I told them and the trailer was sold as seen. I was just wondering where I stood legally with this and if I did have to contribute to this cost or accept the return of the trailer and refund in full which is what the yare asking me
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

Did they have an opportunity to inspect the horse box and reject it before paying for it?

How did you advertise the horse box? Was it advertised as "Sold as seen"?

How much are they claiming from you?

Kind regards

AJ
Customer: replied 2 years ago.

 


Hi AJ. They had ample opportunity to insect the trailer. They came for the first time and they had a good look through. They had to arrange transport so I agreed to hold it without a deposit for them. They came a week later to collect the trailer and they inspected it again and had time to reject it before any money changed hands. It was advertised on the pre-loved website but was not advertised as sold as seen, this was written on the receipt that was given to them and they did not query this. They either want a full refund or half the amount it will cost to replace the floor. It was advertised at £750 due to the work that needed to be carried out on the roof and they did not ask for any discount on this at the time and this is what they paid. They have said that the new floor will cost £500 and if I dont take the trailer back with a full refund they want half the cost of this.

Expert:  Alex J. replied 2 years ago.
Hi,

Thank you.

I think you have grounds to refuse any refund or pay for the repairs for the following reasons:
1. You made no warranty or advert that the trailer was in "good condition";
2. They had the opportunity to inspect and reject the item;
3. The maxim "Caveat Emptor" (Buyer Beware) has to apply here as they had the opportunity to inspect it;
4. They have used the box for two months before contacting you.

I would say legally they wont have any recourse or protection under the Sale of Goods Act 1979 or any claim for breach of contract.

I would tell them that as they inspected and accepted the item and you made no warranty about it, you have no further obligation to them.

The problem is if they want to commence county court proceedings that is their prerogative (however unjustified) so if that happens you will have to decide whether you want to defend it or not.

Kind regards

AJ
Customer: replied 2 years ago.

Thank you for your help that is great

Expert:  Alex J. replied 2 years ago.
Hi,

No problem.

I wish you the best of luck.

Kind regards

AJ

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