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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70216
Experience:  Over 5 years in practice
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bought a mazda b2500 pick up six months ago last week just

Resolved Question:

bought a mazda b2500 pick up six months ago last week just been informed from garage that the cylinder head is cracked who is responsible for repair
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.
Was this within or without 6 months of sale?
Customer: replied 2 years ago.

I bought the vechicle on the 14/10/14

Expert:  Jo C. replied 2 years ago.
And this fault was noticed when?
Customer: replied 2 years ago.

no the fault just came to light this week

Expert:  Jo C. replied 2 years ago.
Upon what date?
It might be just within or just without?
Customer: replied 2 years ago.

14/4/2015

Expert:  Jo C. replied 2 years ago.
Realistically you are likely to be considered outside of the first six months of the sale then. You could argue that the date of the sale is not an inclusive date but it would probably fail.
Therefore, the Sale of Goods Act does apply to this type of transaction as I presume this was a dealer sale. If so, he is bound by the SGA and the vehicle should be fit for purpose.
That does not mean perfect but it does mean reasonably good with reference to the price you paid for it, it's age and history.
The real problem here though is that you are outside of the first six months of sale and so it is for you to prove that this fault existed at the time of sale or the propensity to develop this fault.
The practical reality is that if you were to issue against him he might well cave in as he won't want to go to court and argue over this.
Can I clarify anything for you?
Jo
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