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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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If i sell a car to a private hire taxi driver, as a trader,

Resolved Question:

If i sell a car to a private hire taxi driver, as a trader, do I still have to "warrant" it?
Submitted: 26 days ago.
Category: Law
Expert:  Ben Jones replied 26 days ago.

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

Expert:  Ben Jones replied 26 days ago.

Do you offer any discretionary warranty?

Customer: replied 26 days ago.
Our invoices state trade sales, sold as seen, but appreciate the consumer rights act 2015, where we look at repairs for upto 6 months etc.
Expert:  Ben Jones replied 26 days ago.

The Consumer Rights Act only applies to consumers, which means buyers not acting in the course of a business. Someone buying a car as a private hire taxi driver will clearly be buying it in the course of their business so the CRA will not apply to them.

Whilst business-to-business contracts are not subject to the CRA there are still certain laws that apply to business contracts.

The main piece of legislation is the Sale of Goods Act 1979. It states that goods sold must be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If the goods do not meet the above criteria, the buyer is able to reject them within a reasonable time. This period is not defined in law and would depend on the specific circumstances, i.e. how long it would have been reasonable for someone using the goods in question to inspect them and determine their suitability or that they are free from defects. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if they change their mind and no longer want the goods.

So there is still a kind of warranty implied by law but just through a different piece of legislation, rather than the usual CRA rights.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

Customer: replied 26 days ago.
The guy bought a Toyota Prius from us. There was a choice of 20 all the same to pick from, and after 2 hours deliberation, taking us to well after closing time, he settled on one with a flat battery. He knew that battery was flat, but still took it. The battery didn't charge up, and he claimed he broke down on the way home, and wants us to collect the car, reimburse him with recovery fees, loss of earnings and refund for the car. We have said we are happy to refund him upon return of the car, or replace the battery, but we don't think its right to pay for recovery, or loss of earnings.
Expert:  Ben Jones replied 26 days ago.

So he was advised of a flat battery, tried to charge it before taking the vehicle away, the charge proved unsuccessful and then it broke on the way back?

Customer: replied 26 days ago.
We boosted the battery to start the car before he left (an hour after we were due to close), and he just drove away, yes.
Expert:  Ben Jones replied 26 days ago.

It is rather unlikely he can claim that this was a car which was not as described or of satisfactory quality, if he knew in advance that there was a problem with the battery. Whilst you can indeed offer to replace or repair it, you would not be liable for recovery costs or loss of earnings. Hope this clarifies?

Ben Jones and other Law Specialists are ready to help you
Customer: replied 26 days ago.
thankyou very much, cheers
Expert:  Ben Jones replied 26 days ago.

you are welcome