A recent County Court judgment delivered a clear victory for car dealers, firmly rejecting a broker’s claim that was built on questionable contract terms and muddled evidence.
In this case, the court dismissed the broker’s attempt to recover losses linked to an alleged pre-existing fault, citing serious issues with both their contract documentation and the evidence presented.
The broker argued that the dealership’s terms and conditions, dated long after the dealer’s account had opened, automatically applied to the transaction. However, the dealer’s director gave clear evidence that he had never seen these terms, despite a lengthy trading relationship. The judge agreed, pointing out there was little evidence to show these terms ever formed part of the agreement, casting serious doubt on the broker’s position.
Equally damaging to the broker was its reliance on a technical report that used vague language such as “in development at point of sale.” The judge described the report and its follow up letters as confusing and arguably contradictory. Importantly, the broker made no effort to clarify the report’s meaning or call the author as a witness.
Further weakening the claim was the absence of a statement from the end customer, who only raised concerns about the vehicle five months after delivery. This delay prompted obvious questions about why the vehicle had been accepted at all if it truly had a serious fault from the outset.
In dismissing the claim, the court concluded the case lacked evidence and failed to meet the required burden of proof. The judge noted that the dealer’s evidence, including a clear MOT and service at the point of sale, was significant and persuasive.
If you have faced a similar issue or find yourself dealing with unclear contractual claims, why not call our legal team at Lawgistics? Our casework service and expert helpline are here to help you defend your business.
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