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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Individual A buys a used motorcycle from trader , on the condition

Resolved Question:

Individual A buys a used motorcycle from trader B, on the condition that B provides a warranty. B includes a warranty in the sale, which is provided by firm C. C stipulates that warranty to apply, the motorcycle needs to have been serviced at the intervals described by the manufacturer, which is not the case.
This only becomes apparent to A 4 weeks after concluding the sale, and means he can never claim on the warranty. It is unclear whether B made a mistake or meant to deceive, having previously stated that the motorcycle comes with a full service history verbally, but never in writing.
What do the actions of B constitute to? What options does A have? How much would it cost approximately to ask a solicitor to send a letter asking partial refund?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
,

B's actions amount to mis-selling and fraudlent or negligent misrepresentation as the case may be depending on whether he intended to deceive or whetehr he genuinely believed that the bike had been regularly serviced.

A may make a claim against B -selling and misrepresentation and have the sale of the bike voided or A may negotiate with B to give A a partial refund of what A paid B bike.

The cost of the letter has to be negotiated between A and the solicitor and A would be advised to shop around solicitor who meets A's budget.

Hope this helps
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