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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am a UK citizen based in Australia and spend the Northern

Customer Question

I am a UK citizen based in Australia and spend the Northern Hemisphere Summer in Europe.
In September 2011, I purchased a British registered sailing boat. The boat was located in France, but transaction was in UK. It is registered under the Small Ships Register in UK as a 1986 manufactured boat.
The boat was advertised as a 1986 model. I subsequently found out from the manufacturer that it was actually a 1981 model – I have letter from manufacturer confirming this.
I have bill of sale and photograph of advertisement stating it is 1986 model.
Whilst I have no firm proof the vendor knew the real age, his behaviour suggests he did – he was very reluctant to pass on historical details of boat and went to ground when I informed him of real age.
The difference in value between 1081 and 1986 model is around £6,000.
Do I have any legal recourse?
Regards
Peter Hodson
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello Peter,

Yes, you do have legal recourse against the vendor on the grounds of misrepresentation and you may claim for the 6,000 pounds difference or you may return the boat to the vendor and ask for your money back.

I would suggest that you get in touch with the vendor and point out the misrepresentation, the actual age of the boat and ask for your remedy to be fulfilled within say 14 days or you will take legal action.

If the vendor fails to do anything, you may file a court action against him in the UK, if he is based there.

May I help further?
Customer: replied 2 years ago.

JA,

Thanks for that. What would the cost be to file a court action? Is this something you/your practice would be interested in?

I will get in touch with vendor first, but I suspect he will ignore it.

Peter

Expert:  UKSolicitorJA replied 2 years ago.
Hello Peter,

Unfortunately we are not allowed to represent customers of this site but you may find a solicitor here using the online Law Society search portal: http://solicitors.lawsociety.org.uk/

Court fees are set out here: http://hmctsformfinder.justice.gov.uk/courtfinder/forms/ex050-eng.pdf

All the best

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