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tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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A friend of mine defendant is soon to be in small claims

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Hi a friend of mine defendant is soon to be in small claims court. He is a car trader and sold a car which was rejected by the buyer. The buyer has just one fault which developed after the point of sale. The plaintiff has continued to use the car. It is very unlikely in our opinion the judge will allow a refund.My friend has to date not had the opportunity of rectifying the fault. He fully understands his contractual obligation to do so. Can the judge put a court order on him to fix the car. Even though the plaintiffs claim is for a full refund. Or does the case get dismissed.
Hello, thank you for your question. My name is ***** ***** I can answer this.
If they're seeking a refund in full, then the court should not Order a repair to be carried out instead at the final hearing, as this has not been asked for by the claimant.
Questions relating to repairs will include such things as the cost of repair, the work needed to undertake the repair, expert evidence may be required, and additional things which have not been referred to in the existing claim because it is based upon a full refund. As such, the court cannot properly consider whether a repair would be appropriate.
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