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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10226
Experience:  I have been practising for 30 years.
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My mother died recently and I need to sell her golf buggy

Customer Question

my mother died recently and I need to sell her golf buggy one battery is defective, she only bought it in october 15, now the supplier says the garaunttee is not transferable to me I have to buy a new one is this correct
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

The manufacturers guarantee is not transferable perhaps but under the Consumer Rights Act which applies to goods purchased after 1 October 2015 and supersedes the old Sale of Goods Act, goods have to be of satisfactory quality and satisfactory quality means that they have to last a reasonable period of time and a reasonable period of time is 12 months.

It doesn’t matter that your mother has sadly passed away, that right and yours for the benefit of her estate and there is no reason why, if the retailer will not repair or replace the battery (not usually repairable) you should not have another one. The period of the guarantee however would not be 12 months afresh but would be the balance outstanding until October this year.

Write to the retailer because this is the responsibility not the manufacturer until the retailer that unless he will replace the battery, you will take the matter to the Small Claims Court on behalf of your mother’s estate.

This is the link to the Small Claims Court

For the sake of the cost of the battery, it’s likely that it will settle out of court.

Can I clarify anything for you?

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Best wishes.