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James Mather
James Mather,
Category: Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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I sold a horse trailer that I have owned and used for aprox

Customer Question

I sold a horse trailer that I have owned and used for aprox 15 yrs. I sold it through the Preloved website. The buyer came to see it in the morning, I told her everything I knew about it including all faults I was aware of. She gave me a deposit and then came back with her partner later the same day paid me the remainder, I wrote her a receipt on a piece of paper 'Received £1000 in cash for Ifor Williams Horse trailer, sold as seen' and signed it. They towed it away. Eight days later she has phoned me to say that she wants a refund and to return the trailer as she claims that the brakes are faulty and it will cost her more than she paid for it to repair. I sold the trailer in good faith and was not aware of any faults with the brakes. Where do I stand? Many thanks, Ruth.
Submitted: 4 years ago.
Category: Law
Expert:  James Mather replied 4 years ago.

1000 for IW horse trailer in any condition is cheap IMHO.

Good faith doesn't come into it. Provided that you didn't misrepresent the trailer to her, she isn't covered by Sale of Goods Act unless you area dealer.

I would tell her that you have no intention of refunding as she inspected it and told her all faults of which you are.

If she feels differently, let her take you to court and then you let a judge decide. I wouldn't be paying her anything.

Incidentally if ever selling anything like this (including cars) I give them a 1hr unconditional warranty. (I play with lots of motorbikes)

If they find anything wrong in an hour, bring it back and they can have their money back.

I have never had a return.

If you don't want the grief, give her her money back less say £100 for the use she has had. She might have done what she wanted and now wants rid or found another better, cheaper one etc.

She may simply not like towing or her car might not be big enough

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