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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 44880
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We run a small village garage we sold a 12 year old car to

Customer Question

we run a small village garage we sold a 12 year old car to a customer on the 17/12/15 she returned it this morning demanding her money back on the grounds the car is not fit for purpose we have been selling cars for 30 years never had a problem the car has gone into the work shop cant find anything wrong with it so do I have any options
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.
Hello has she identified what the issues actually are?
Customer: replied 11 months ago.
yes we have looked at these and are all fine
Expert:  Ben Jones replied 11 months ago.
When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer laws. First of all, the following business practices are deemed unfair if they prompted you to make a decision to buy the car in question:{C}· Giving false information about the vehicle or deceiving the buyer through false advertising{C}· Giving insufficient information to the buyer, for example leaving out important information about the condition of the car Their other rights state that when they buy an item from a business seller it must be of satisfactory quality, fit for purpose and match its description. If the car does not satisfy any of these, the dealer will also be responsible. You will only be liable for faults that were present at the time the vehicle was sold, even if they become apparent later on. However, you will not be liable for fair wear and tear, misuse or accidental damage or any issues that were brought to the buyer’s attention before the sale. The age and value of the vehicle will also be relevant and the expectations of older vehicles will certainly be lower. If the vehicle does not meet the above requirements, the buyer can reject the vehicle and return it to the dealer requesting a refund. However, this will need to be done within 30 days after purchase. If there is nothing wrong with the car or the issues they claim existed do not actually appear to be there, you do not have to accept the car back. You cannot be forced to refund the customer and if she wanted to take the matter further she will have to go to court to try and argue that it was not fit for purpose or of satisfactory quality. She would need to rely on some independent confirmation that this is the case, for example another garage confirming that there were issues as she claimed. However, that may be difficult if these issues are not actually present and you can of course provide your own evidence to counter that. This is of course on the assumption that she goes that far, which she may not do. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) 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
Customer: replied 11 months ago.
just sent you an email can you please reply to that
Expert:  Ben Jones replied 11 months ago.
Hello all correspondence comes through here, we do not accept emails so please respond on this page, thanks
Expert:  Ben Jones replied 11 months ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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