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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I purchased a boat from a broker who had carried out repairs

Resolved Question:

I purchased a boat from a broker who had carried out repairs on the engine prior to my purchase. The engine then failed, I got a marine engineer to diagnose the fault to find that it was the same as the one prior to sale. I returned the boat to the broker who states that it was sold as seen. The broker has offered no labour charge for the works but says I will have to pay for parts, is this correct? the
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Did the boat have any information on it that said sold as seen?

Alex Watts :

Did it have a warranty please?

Customer:

It does say sold has seen, the issue is that the identification process for the fault prior to sale was not fully carried out

Customer:

It does say sold has seen, the issue is that the identification process for the fault prior to sale was not fully carried out, the mechanic has admitted this

Alex Watts :

Ok - I dont quite understand, the fault was always there but not picked up?

Customer:

Yes, they suspected another part and changed it, never tested or checked the part identified as faulty by my own engineer

Alex Watts :

When did you purchase, when did it become faulty?

Customer:

I Purchase the boat in January, Had work additional work carried out by the broker and collected on 14th March, on the 18th May the engine would not work so I called my own engineer who identified the fault on 1st June and notified the broker on the 2nd June and emailed photos on 10th June. The reply is as follows

Hi Rich,

well there has clearly been an issue and water has obviously got in.

I can only repeat what I said on the phone. We really need it back here to contemplate what we can do about it.

There is no denying what has happened.

When can you get it here?

Rgds

ANDY

Customer:

The earliest I could get time off work to return the boat to Wolverhampton was the 3rd July

Alex Watts :

Was there any warranty? I assume the boat was not new?

Customer:

No it was a brokerage sale

Alex Watts :

So is that no warranty?

Customer:

no warranty

Alex Watts :

Ok, so the item is not described inaccurate in any way and it was sold as seen?

Customer:

it was sold as seen, the repairs prior to the sale did not resolve the issue that was there prior to purchase

Alex Watts :

Its bad news then I am afraid. Unless the description was wrong because they have sold as seen they exclude liability.

Alex Watts :

That means they do not even have to give you labour on the repair.

Alex Watts :

I assume there was no warranty and that means the buyer takes the risk

Alex Watts :

Therefore I would accept the offer for parts as any claim is likely to not succeed.

Alex Watts :

I am sorry if this is not the answer you are looking for and it is certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

They have offered labour only, no parts

Alex Watts :

Yes I understand.

Alex Watts :

That is why you should accept the labour offer and pay for the parts yourself.

Alex Watts :

There is no warranty, the item was not wrongly described and it was sold at seen.These cause you difficulties.

Customer:

So even though the manufacturers workshop manual says to inspect the water and exhaust passages for corrosion or mineral deposits there is no right to reply. I have copied an extract of the email showing that this was not carried out belowI am confident we did all we reasonably could in preparing the boat for sale and subsequent mechanical works. The fact that you did a number of hours on the engine is indicative that the fault was not readily apparent and I doubt if any pressure test or water test would have shown it up.


The conversation at that time when Dave was asked by you what needed to be done he said "we will have to do the same job again". A job that Fletcher boats had already been rewarded for.
Alex Watts :

The difficulty is this - the boat has no warranty, you could have had it inspected and its sold as seen. You purchased in January and left it until June before the problem was diagnosed. This, even if the boat was brand new, would have been far too long sadly.

Alex Watts :

You can try and bring a claim if you wish and I can outline that process, but based on what you have said, I do not think it would succeed.

Customer:

If you could outline it that would be great,

Alex Watts :

Sure. You need to get a quote for the parts, this forms your loss

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

They have estimated that the cost to rebuild the engine would be £2100 - £2400 + vat with a possible £720 + vat if new pistons are required or a new engine @ £2900 + vat

Alex Watts :

Ok. So its below £10,000 so a small claim.

Customer:

So even though work was carried out and was ineffective there is no liability on them?

Alex Watts :

No, you have no contract with that party that carried out the work.

Alex Watts :

Your only entitlement is for rectification. They have offer labour so you are only suing for the cost of parts

Customer:

I am entitled the parts cost legally then?

Alex Watts :

I don't think so because of the reasons we have already discussed. But I think you can try and bring a claim and see what they do

Customer:

So accept the offer of labour and notify them that I will be claiming for the cost of parts

Alex Watts :

No, you can't do that. You need to write and say you want parts and labour. They have offered labour only so you take them to Court for parts.

Customer:

Ok got that, thank you for your help

Alex Watts :

Can I clarify anything else for you?

Customer:

No I don't think so

Alex Watts :

Ok. If I could ask you to rate my answer before you go today - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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