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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48502
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I've just bought a second hand horse box trailer that's

Customer Question

Hello
I've just bought a second hand horse box trailer that's 7 years old and it leaks into the living area. It is seven years old so I'd have expected some water I guess however when taking the living area inside apart it became clear that it's due to very poor manufacturing. The holes that are cut for the windows are to big in the corners which then leaks, the outer front of the trailer attaches together down each side of the trailer and is screwed together into a peace of wood. However most of the scews have mist the wood and have gone all rusty due to leaking. So my question is what kind of manufators warranty is there for poor workmanship in my case?
Thank you
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Did you buy it from a private seller?
Customer: replied 2 years ago.
I bought it from a private seller who bought it new. It was around £13000 new and I bought if for £9000.
Expert:  Ben Jones replied 2 years ago.
I am afraid you have no rights against the manufacturer. The only person who would have had these would have been the person who either bought the box directly from them, or if they had a contractual warranty on purchase. You have no contractual relationship with the manufacturer and there are no statutory rights you could rely on either. Your only potential rights are against the seller. However, when a person buys a second-hand item from a private seller, their rights will be somewhat limited and will not be as extensive as if they had bought it from a business seller. Certain sections of the Sale of Goods Act 1979 (which mainly applies to business transactions) would still apply but the buyer’s protection would certainly not be as extensive. In general, there is no legal requirement for the item to be of satisfactory quality or fit for purpose. Therefore, the buyer will only have rights in the following situations:· If the item did not match the description given, whether in the advert or any subsequent discussions. This would amount to breach of contract or misrepresentation· If the seller was actually a business seller posing as a private one - this is an unfair commercial practice and can even be a criminal offence In the first instance, any issues with the item should be resolved directly with the seller. You can also use threats of legal action as a negotiating tool, although I would only recommend formal legal action if you have valid grounds where you can show your situation falls within one of the circumstances listed above. I'm sorry if this is not necessarily the answer you were hoping for, however I do have a duty to be honest and explain the law as it actually stands. This does mean delivering bad news from time to time. I hope you understand and would be happy to provide any further clarification if needed. If you are still satisfied with the level of service you have received I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 starts at the top of the page. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.
Expert:  Ben Jones replied 2 years ago.
Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.