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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience:  30 years as a practising solicitor.
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I bought a car for competition use from a fellow competitor

Resolved Question:

I bought a car for competition use from a fellow competitor ,I asked if the car was ready to use /compete with and he said yes ,various parts had been changed and checked.I paid for the car by bank transfer £19000.00 then collected the car.On collection I noticed a noise from the clutch which I made comment about he said its the first time it had done that,I started an event 3 days later and the clutch failed almost immediately and as a result I had to pull out of the event .The costs to compete where in excess of £1500.00 and I expect the new components to cost £450.00 + £250.00 labour .I have tried calling and texting but have had no response or reply .I have asked for a £500 refund .How should I proceed and should I expect any result?
Submitted: 11 months ago.
Category: Scots Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Expert:  Ben Jones replied 11 months ago.

Do you have an address for the person from whom you bought the car? Also, how long ago did you buy it?

Customer: replied 11 months ago.
I do have the address and I bought it on wed 10th august
Expert:  Ben Jones replied 11 months ago.

Sorry I have just seen you are in Scotland and as the laws are a bit different there I will opt out and let a coleague there answer this, no need to reply in the meantime thanks

Expert:  JGM replied 11 months ago.

Hi there, I am a solicitor in Scotland. Sale of goods laws don't apply to private sales in Scotland. However, if the seller has made a positive statement which turns out to be untrue, that is called a misrepresentation and you could sue for damages for your losses arising from the misrepresentation. The statement here was that the car was ready to use/compete with which it clearly wasn't. One difficulty is that you don't know when the clutch failed and it may have been working OK at the date you agreed to buy the car although I doubt that could be established one way or the other. The other issue is that it may be that cars used in competitions are prone to needing replacement parts and that that is just part of the sport so a broken clutch on a race car is almost to be expected from time to time. On balance, and whilst you have a stateable case, I'm not sure that I would jump into litigation here. Your request for a refund of part of the price seems reasonable and you should press for that in lieu of raising proceedings. If the seller has any sense he will see the opportunity to resolve this without unpleasant litigation and expense. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11135
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you