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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70512
Experience:  Over 5 years in practice
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I have bought a vehicle that went faulty within 4 days of purchase.

Resolved Question:

I have bought a vehicle that went faulty within 4 days of purchase. It was an internet sale from a dealer. Upon further investigation, it turns out that the service history is not recorded, fuses and lamps were removed on the dashboard and a sensor was removed on a suspension rod. I have taken video evidence of the report from a Maserati specialist.
I arranged for the vehicle to be recovered to the garage at my expense. They have had the vehicle since Jan 4th 2015, still with no resolution. I have mailed them constantly, requested repair, suitable replacement and even refund if we can not mutually agree. What are my rights?
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.
Why didn't you return it to the original dealer?
Customer: replied 2 years ago.

I did return it to the original dealer. Elite Prestige based in Hoddesdon

Customer: replied 2 years ago.

How long should I expect for a reply please?

Expert:  Jo C. replied 2 years ago.
Is he doing the remedial work for free?]
But you paid to get the vehicle there?
Customer: replied 2 years ago.

No, he is expecting me to pay. Also what about the mis-description?

Expert:  Jo C. replied 2 years ago.
What is the misdescription? You are describing faults but not a misdescription
Customer: replied 2 years ago.

The history of the vehicle is not as sold - they stated full history, we identified main dealer stamps all but the last one. When the car broke down, I took it to a main dealer and no copy of the history on the Maserati network, only recalls.

It was also stated by the technician that the fault on suspension would have to of been hidden - hence fuses being removed and a lamp in the dashboard being removed.

He is stating that it is sold as seen / trade sale as I had no warranty.

Expert:  Jo C. replied 2 years ago.
You may not have had a warranty but if this is a dealer sale then it is covered by the Sale of Goods Act.
In any event, whatever kind of sale it is, he is still bound by the law of misrepresentation. If he has said something untrue or misleading at the time of sale then that is misrepresentation.
The Sale of Goods Act generally gives you more rights to demand a repair, replacement or a refund. A claim in mispresentation may lead to a full refund but most likely would lead to the diminution value between the price you paid and the sum it would have been worth.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thank you Jo,

So in principle I have a case for him to answer based on what I have given you.

I understand the best resolution is for the issue to be resolved amicably. The sale of goods act was my thought so thanks for the clarity.

Expert:  Jo C. replied 2 years ago.
Yes, whichever way you look at this either the Sale of Goods Act or misrepresentation applies if not both.
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