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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47355
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Could you possibly advise me of my legal rights on the

Resolved Question:

Hello.could you possibly advise me of my legal rights on the sale a boat i have sold recently.I sold it.they have taken it to penarth in wales from nottingham on a low loader after a week the purchaser now wants the full asking price back.The buyer had a look around the vessel when it was lifted out and said that it looks good.i must include to you that the boat is a 1941 wooden boat i had owned it around 10 year sitting in the water and not taking on any water.the buyer had every chance to have it inspected while it was out the water in nottingham.while it has been in his possession he has had it surveyed and they say it is rotten and they want the money back.it was sold with no warranty or guarantee what so ever.Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today. Did you sell it as a private seller rather than as a business?
Customer: replied 1 year ago.
Hello.yes i am a private seller.Thank you.
Expert:  Ben Jones replied 1 year ago.
Did you make any statements as to the condition of the boat, for example saying it was not rotten or commenting on its overall condition?
Customer: replied 1 year ago.
No.they had a run up the river.nothing was said about the condition.the boat seemed fine in all the years i had it and you could see the vessel was in a good presentable condition.The problem is the bottom that was under the water line they are saying?but to answer the question,nothing was said about the condition of it.the man who purchased it seemed happy with it when he paid for it.Thank you.
Expert:  Ben Jones replied 1 year ago.
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. So certain legislation, such as the Sale of Goods Act or Consumer Rights Act would not apply. 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. So if you had made claims that the boat is rot-free or in excellent overall condition, these could be a breach of contract if not true, even if you believed them to be true.· If you broke a specific contractual term – e.g. if they fail to do something they specifically agreed to, for example, fix certain faults. This is also going to be a breach of contract· If the seller was actually a business seller posing as a private seller - this is an unfair commercial practice and can even be a criminal offence So unless the buyer can show that you had misled them into making the purchase by providing a false or misleading description, they could seek compensation and try to return the boat. However, if none of these apply, then it is the old adage of ‘caveat emptor’ (or buyer beware) which applies and that says that the risks in these circumstances will be borne by the buyer. Some more information on this here: http://www.search4solicitors.com/article.php?ArticleID=18 I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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