Motor Trade case law – Satisfactory quality

legal updates

Goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

One of the biggest areas of enquiry to the Helpline is in relation to this chestnut of a question.  And the answer?  It depends…

Firstly what does the law say?

Goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

So what could a reasonable person think?  In the case of Bramhill v Edwards 2004 a company sold a motor home 102 inches wide when the legal maximum in the UK was 100 inches. However, at the time many ‘illegal’ vehicles were sold and the authorities turned a blind eye.  The Court held that in these circumstances, as reasonable users of motor caravans knew of this issue then the vehicle was of satisfactory quality.

Additionally in the legislation ‘quality’ is taken to be:

a) fitness for all the purposes for which goods of the kind in question are commonly supplied. 

So if you sell a car which is only suitable for banger racing then unless the customer has agreed this it would not be of satisfactory quality.

b) Appearance and finish

c) Freedom from minor defects

This can lead to problems, since when is a defect not a defect?  A characteristic road noise, a small rattle on the gear lever, a smell etc, etc.  In many cases these are part and parcel of the second hand vehicle.

Brave AgencyDriving growth in the automotive industry

Brave is an award-winning digital agency offering a comprehensive range of services aimed at helping your business grow. From rebrands and web development to marketing campaigns that get you noticed, we do it all. Since 2000, we’ve helped businesses across the automotive sector reach new heights. Could yours be next?

d) Safety

As we always say, a MOT pass is a valuable piece of evidence to show there is a particular level of safety at the time of sale.

e) Durability

If something drops off the car soon after sale it would not satisfy the measure of durability.  It has to last a ‘reasonable’ time.

In future legal updates we will demonstrate how particular cases have given some precedent to these aspects of the law.

Dennis ChapmanIn remembrance of Dennis Chapman 1951 -2015Read More by this author

Related Legal Updates

Customer reneges on agreed not distance sale

Our member explained they do not offer a delivery service and do not engage in distance selling.

Consumer “Handcuffed” by Deduction for Use Settlement

Don’t sign any contract unless you are fully aware of its terms!

Double or nothing – Consumer’s claim dismissed!

The Claimant countered with a request for more than double the amount that our member had offered.

Non-refundable deposits – Where do you stand?

Relevant paperwork should be provided before payment is taken.

Used car warranties – What are you liable for?

If a fault is found to have been developing at the time of sale, this could become the trader’s responsibility to provide a remedy.

Distance Selling Regulations – A thing of the past?

The regulations only apply to consumer contracts, not business-to-business sales, and only apply to sales conducted at a distance.

Accepting Lowball Offers 

What are your legal obligations when a customer makes a significantly low offer which you ”jokingly” accept? Will it be legally binding?

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.