How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48210
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

we have purchased a motorhome in July this year. At the time

Resolved Question:

we have purchased a motorhome in July this year. At the time we said to the salesman it could be no more than 3500 kg gross. We made a particular point of this. My husband is over 70 and not allowed to drive anything over this weight. The sales man checked this and said it was what we required. On receiving the registration document it states that it is a maximum weight of 3850 kg gross. We paid £47,995 for this van. Do we have any rights in this situation?
Rita Dinham
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What do you want to achieve please?
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Would you have had an opportunity to check the weight for yourself before purchase? Also was this requirement only discussed verbally at the time?

Customer: replied 2 years ago.

It was only discussed verbally at the time. But there is a vin plate inside th the bonnet with the weight shown. We did not know this,, but the salesman would have known to check this and he could have verified it with us. He checked the weight online where there would have been several different model no,s with different weight limits, which I have now seen for myself

Expert:  Ben Jones replied 2 years ago.
This could amount to a breach of contract because what you were promised was not what you actually received. You specifically asked the seller to ensure that the vehicle was below a certain weight and they promised you that this was the case with the vehicle you purchased, yet it eventually transpired that it was not the case. You will therefore have certain rights under the Sale of Goods Act 1979 because what you purchased was not as described. You are therefore entitled to the following options – you can reject the vehicle and ask for a refund, although this is only possible if you reject it within a reasonable time and before you have indicated you have accepted it in its present condition. So for example if there was no reasonable way for you to find out the actual weight until you had received the documents through and you then contacted the seller to reject it immediately then you should still be within time to do so. Alternatively you can ask for a replacement vehicle that does meet the necessary criteria and of course you should be refunded any difference in the value.
If there is still time to reject the goods and request a refund, you may do so. If you appear to be too late to reject the goods, you can still try and resolve this by contacting the seller and asking them for a repair or replacement. You can quote the applicable laws and rules as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48210
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you