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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69252
Experience:  Over 5 years in practice
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i took dilivery of a second hand car .alfaromeo mito .for which

Customer Question

i took dilivery of a second hand car .alfaromeo mito .for which i paid £6000 the car was discribed as exelent condition i could not see any blemish at all on the bodywork at the point of sale .after 4 weeks over 600 stone chips have appaired and dozens of scratches clerely it had been treated with a compound to hide the stone chips and sratches . and the treatment has now failed i have taken the car back to the car sales rep and he said he can see the chips and sratches and agrees no chips were visable at the point of sale he said it must have been previes owner and and nothing to do with them . what can i do ?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

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

Did you comment on the bodywork at all at the time of sale?
Customer: replied 2 years ago.

a said it looked nice which it did

Expert:  Jo C. replied 2 years ago.

Under the law of misrepresentation it doesn't matter whether it was him or the previous owner. However, he doesn't seem to have made any misrepresentation. There was no comment made about the bodywork by him. Saying its in 'excellent condition' could be argued to refer to that or it may refer to mechanics against which there is no complaint.

The Sale of Goods Act though does cover aesthetic appearances. This person is a dealer so he is covered by the SGA. That will demand that goods are 'fit for purpose' and if, within a short time, this damage has appeared then it would seem to fall within that. If so, he is liable to make some offer.

Of course, if he will not then your only option is to sue. There is no other way of forcing him to pay.

Its probably a good idea to send him a letter before action before issuing though warning of your intention to sue. It will protect you from costs.

You have a right to either a repair, exchange or refund although a court may feel that a respray is proportionate.

Can I clarify anything for you?

Customer: replied 2 years ago.

the car was displayed on the forcourt when i paid for it. but it was not ready to be taken away because of missing parts in fact it was five weeks after i paid befor i was able to take the car away it went into their paint shop and when it was presented to take away the bodywork was disribed as perfect

Customer: replied 2 years ago.

still waiting a reply

Expert:  Jo C. replied 2 years ago.
I'm not sure what else you wanted to know about this?
Customer: replied 2 years ago.

will somebody please answer the last part of my ouestion

Expert:  Jo C. replied 2 years ago.
You don't seek to have asked another question? I can't see anything on your last post?
Customer: replied 2 years ago.

qestion 10 .47 est on 4 9 14 sales rep discription as bodywork )perfept) does this constitute misrepresentation

Expert:  Jo C. replied 2 years ago.
It can do if they actually used that word to describe the body work

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