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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70194
Experience:  Over 5 years in practice.
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I have bought a 2nd hand car that was avertised as a 4x4 after

Customer Question

I have bought a 2nd hand car that was avertised as a 4x4 after a week i found out the 4x4 wasnt working i took it to a garage who told me it was not 4x4 because the main shaft that runs the 4x4 systems had been removed,Can i get my money back
Submitted: 3 years ago.
Category: Traffic Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Did you buy from a dealer or a private seller please?
Customer: replied 3 years ago.

Private Seller via a Ebay site Advert

Expert:  Jo C. replied 3 years ago.
Thanks.

Whats the difference in value roughly between a vehicle with a working 4 x 4 and one without?
Customer: replied 3 years ago.
Without the 4x4 system the car is worthless to me, there is not a none 4x4 version made the car cost was £2450 a replacements parts would be over £1500
Expert:  Jo C. replied 3 years ago.
Thanks for the information.

He is a private seller and so not subject to the Sale of Goods Act. That will just mean that the vehicle does not have to be fit for purpose.

However, you do have a claim against him in misrepresentation if he described this vehicle as having 4 x 4 and it does not.

In principle, misrepresentation entitles you to be repaid everything that was paid and to hand the vehicle back. In practice courts will often just give you the diminution value but that would not be appropriate here if the vehicle is worthless without it.

You can also complain to Ebay about this.

Hope this helps. Please let me know if you need more information.

Jo
Jo C. and other Traffic Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.

Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

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