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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47361
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have sold a tractor on thursday last week for an agreed

Customer Question

i have sold a tractor on thursday last week for an agreed figure of £30000.00 plus vat to a local machinery dealership they collected the tractor on friday and i went to their office to sign over the V5 and give them bank details for payment. This morning they are saying something is wrong machanically with the tractor. Are they legally in a position not to pay now they have taken ownership?
Submitted: 8 months ago.
Category: Law
Expert:  Ben Jones replied 8 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 8 months ago.

What condition had you stated the tractor was in prior to the sale?

Customer: replied 8 months ago.
They came and drove it out of my yard on friday nothing was said about condition when they left
Expert:  Ben Jones replied 8 months ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 8 months ago.
ok thank you
Expert:  Ben Jones replied 8 months ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 8 months ago.

Many thanks for your patience. Even if they have the tractor in their ownership they are able to refuse payment. Of course they cannot just keep the tractor and refuse to pay so they have to decide – either make the payment and if necessary challenge you over any issues, or return the tractor for no payment. If the Katter happens you can then also consider pursuing them for the losses incurred as a result of their backing out of the sale.

The issue here is if there is something genuinely wrong with the tractor which they were not made aware of at the time of purchase. If that is the case and they have only just discovered it they are able to withhold at least part of the payment to take into account the fact they may not have been sold hat they were promised.

You can either try to resolve this with them by negotiating a new price, asking for the tractor back if they are not paying or if there are no issues with it – pursue them for the payment due.

Please take a second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars. I can continue answering follow up questions and in particular can also discuss the steps you need to take to take this further if they do not pay. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can still continue this discussion. Thank you

Expert:  Ben Jones replied 8 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 8 months ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.

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