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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50953
Experience:  Qualified Solicitor
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Bought a mobile sandwich van buisness for 40 grand at the

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Bought a mobile sandwich van buisness for 40 grand at the end of jan and the fridge has broken do i have rights?
Customer: replied 3 months ago.
I feel like ive been totally ripped off with the whole think
Customer: replied 3 months ago.
thing

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Was this a new or used van? If it was used, did you buy it from a private or trade seller?

Customer: replied 3 months ago.
Private sale

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Thanks for your patience. I just need to clarify the nature of the transaction please – you say you bought it from a private seller but was that actually the previous owner of the van, someone using it for business? Also did you buy it for business use yourself?

Customer: replied 3 months ago.
they ran it as a buisness and we are running it as they were

Thank you. In the circumstances, this would be a business to business contract. Whilst business-to-business contracts are not subject to the Consumer Rights Act 2015, which provides private consumers with certain rights when buying from business sellers, there are still certain laws that apply to business contracts.

The main piece of legislation is the Sale of Goods Act 1979. It states that goods sold must be:

· of satisfactory quality – they must not be faulty or damaged when received

· as described – they must match any description given at the time of purchase

· fit for purpose – they should be fit for the purpose they are supplied for

If the goods do not meet the above criteria, the buyer is able to reject them within a reasonable time. This period is not defined in law and would depend on the specific circumstances, i.e. how long it would have been reasonable for someone using the goods in question to inspect them and determine their suitability or that they are free from defects. Also note that there is no protection against fair wear and tear, misuse or accidental damage, faults that were pointed out at the time of sale or if you change your mind and no longer want the goods.

If the buyer is too late to reject the goods for a refund, they can still ask for a repair or replacement instead.

It is important to note that regardless of the above, a business-to-business contract can exclude the application of the Sale of Goods Act and the protection it offers. Therefore, if the sales agreement contained a specific clause which said that the Sale of Goods Act does not apply to the transaction, the buyer cannot rely on it and reject the item for any of the above reasons.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow in the event you wanted to take this further legally. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones and other Law Specialists are ready to help you

Thank you.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can do so by making a claim in the civil courts. As legal action should ideally be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without having to involve lawyers or the courts. These can be summarised below and it is recommended the following procedure is followed to try and progress this matter further:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time, usually 7 to 14 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue them for the compensation in question. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed a copy will be sent to the other side and they will have a limited time to defend it. Once they are aware that legal proceedings have commenced it may also force them to reconsider their position and perhaps prompt them to contact you to try and resolve this.

As a final tip, it is always advisable to keep copies of any correspondence sent and received as the courts would like to refer to it if it ever gets that far.