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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a '12 plate' registered van from a main dealer for

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I bought a '12 plate' registered van from a main dealer for £10,000 in August 2013. It has been serviced by then since that date and was due in for its next service in 500 miles. Last week it broke down and had to be towed into the garage. Examination showed that all the fuel injectors were leaking , two badly. Due to a noisy engine they carried out an investigation and found metal fragments in the sump. They have now told me the vehicle will require a new engine as well as other parts. The vehicle has only done 81,500 miles. With diesel vans averaging 200,000 miles I feel this vehicle was not fit for purpose.
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

Hello did you buy it as a business rather than a private consumer?

Customer: replied 8 months ago.
I bought it through my company
Expert:  Ben Jones replied 8 months ago.

Ok thank. Usually if you are in a business to business contract you will not have the same protection as a consumer so the Sale of Goods Act may not apply. This is what gives you rights in terms of expecting a purchase to be fit for purpose, as described and of satisfactory quality. However, that will only be the case if the SGA was specifically excluded in the terms and conditions of purchase. So you must check the purchase contract to see if it excluded the SGA. If it did then sadly you cannot rely on these rights and claim that the van was not fit for purpose. You will only have rights under breach of contract, for example if they had mis-advertised the van and breached the sales contract.

If the SGA was not excluded then you will be able to try and claim that it was not of satisfactory quality or fit for purpose. They will only be liable for faults that were present at the time the vehicle was sold, even if they become apparent later on. However, they 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.

A useful rule is that if a fault appears within the first 6 months after purchase, the law assumes that they did not meet the statutory requirements at the time of sale. If the retailer disagrees, it is for them to prove that this was not the case. However, if the fault occurs more than 6 months after purchase, it would be down to you to prove that they did not meet the statutory requirements set out above at the time of sale.

At this stage it is too late to reject the vehicle so all you can as for is a repair or replacement and only if you know that the SGA was not excluded.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if the seller refuses to help, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46182
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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