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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 62521
Experience:  Qualified Solicitor
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I am a motor trader who sold a used vehicle. The customer

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I am a motor trader who sold a used vehicle. The customer had the vehicle inspected prior to purchase by her own mechanic. A 30 day warranty period is written on the receipt. A fault occurred after 47 days which her mechanic attempted to repair unsuccessfully before the made customer contact with myself. I repaired the vehicle, showed good will and reduced the invoice substantially. A further unrelated fault occurred after over 3 months. The customer had an independent inspection carried out on the vehicle and is alleging the second fault to have been present at the point of purchase which it was not. The first fault has not reoccurred. What are my liabilities here as the customer is requesting a full refund, repair costs and inspection costs. I believe her recourse would be to her mechanic whom inspected the vehicle in the first instance is this correct? In addition I can support that the second fault was not present at the point of sale. This matter is scheduled for the small claims court.
JA: Where is this? And just to clarify, when was the purchase made?
Customer: Middlesbrough. Oct 18 and has gone on since receiving the request for a refund in Mar 19. Initially a full refund of the vehicle cost only was offered though later removed as time elapsed. Mediation was entered into unsuccessfully.
JA: What steps have you taken so far?
Customer: I have referred the customer back to the invoice stating 30 days Warranty. I have made the customer aware she had the vehicle inspected and the 30 days was clearly explained both to her mechanic and also herself at the point of purchase. I have made her aware that she later drove the vehicle some 30 miles whilst emitting smoke from underneath the vehicle bonnet causing potential damage to the engine this was after 3 months. I have point by point gone through the £950 inspection report highlighting flaws and inconsistencies within it. Vehicle price was £4150 for reference. I was not offered the option to repair the vehicle after the 3 month plus second fault. The vehicle has not been made available to myself at any point though requested throughout. Mediation has been unsuccessful and now scheduled for court Feb.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Is this a free service?

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Can I just check, is the mechanic from a dealership?

Customer: replied 13 days ago.
Yeah that's fine.
Customer: replied 13 days ago.
No I don't wish to take the call option thanks.

No problem. Please provide the information requested so that I may assist

Customer: replied 13 days ago.
You have not yet requested any further information.

I just wanted to know if the customer's mechanic is from the dealership

Customer: replied 13 days ago.
No he runs a used car sales specialising in Lexus models and is I believe a qualified mechanic.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. When a person buys a second-hand vehicle from a dealer they will have certain rights under consumer law, specifically the Consumer Rights Act 2015, which requires goods sold by a business seller to 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 vehicle does not meet the above requirements, the buyer will have certain legal remedies against the seller.

 

The rights against the seller are:

 

1. Reject the vehicle and request a refund - this must be done within 30 days of purchase or delivery.

 

2. Repair or replacement – this can be done within the initial 30 days or after, if that deadline has passed and a rejection is no longer possible.

 

It is also important to note that the law assumes that any issued which develop within the first 6 months of buying the car were present at the time of purchase, unless the seller can prove otherwise. If they develop more than 6 months after purchase, it is for the buyer to prove that they were there at the time of sale.

 

I wouldn’t say the customer has to blame her mechanic as you still have obligations under the above laws, regardless of what the inspection found at time of purchase. So your best option is to use any information you have to try and show that this latest fault was not something which was present at the time of purchase.

 

Does this answer your query?

 

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 11 days ago.
Yes the advice you have given has satisfied my question.

All the best

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