Knowing the car

legal updates

The customer was unable to provide any evidence of the fault having started to develop at the point of sale. 

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.

Recently, we had a claim against one of our members who had sold a car to a customer, and within a couple of months and 1,600 miles, there was an issue with a sensor that they replaced free of charge. No other issues were mentioned at the same time.

Two months and a further 900 miles later, the customer returned to say there was a problem with the power steering. The customer expected our member to repair it, and understandably we did not consider this was their responsibility.

The customer, therefore, issued legal proceedings.

Now, our member has a lot of history with this vehicle. It was first sold by them in 2009, after which they exclusively serviced and repaired it for 12 years, and they bought it back from the owner when they wanted to sell it. Our member drove it themselves for almost 1,000 miles before being persuaded by the Claimant to sell it to them.

Our member knew this vehicle like the back of their hand, and they also put it through a new MOT immediately before the sale, with no advisories.

When the complaint about the power steering was made, therefore, they had sufficient knowledge to know that there was nothing wrong with the power steering when it was sold.

The judge listened to the Claimant’s evidence, and whilst she could confirm there was a fault, she was unable to provide any evidence of the fault having started to develop at the point of sale. 

Our member gave evidence, citing the extensive history they had with the vehicle, the fact that it had passed an MOT just before the sale, and also there had been no mention of a fault with the power steering, or indeed any other fault when the sensor was replaced. The judge quickly concluded that the vehicle was of satisfactory quality when sold, dismissed the Claimant’s claim, and awarded the princely sum of £18.20 to our member for parking and travel.

This kind of background history is seldom known, but when it is, it can be extremely helpful in proving that a vehicle is well looked after and not a bag of spanners.

Cable For My CarWe offer free next day delivery* on all EV charging cables when shipped within mainland UK

Stocking only premium EV charging cables, we ensure you experience a stress-free EV charge, over and over, confidently backed by our 2 year warranty. Our premium & reliable charging cables are compliant with EU & UK safety standards. We offer free next day delivery* on all EV charging cables when shipped within mainland UK.

Darren FletcherLegal AdvisorRead More by this author

Related Legal Updates

Importance of taking your customers’ details!

Garages aren’t legally required to take a customer’s address before repair or sale, but skipping it can stall Torts notices and court action when vehicles are abandoned or not collected.

Mediation appointments: the court’s take on ‘delays’

You can tell the court you’re unavailable, but will that stop a telephone mediation being listed? In our client’s case it didn’t, and the refusal to move it now means a full hearing next year.

Witness Statements: Own the Weakness and Turn Up to Court

Courts are scrutinising credibility more than ever. A Witness Statement that ducks its weak points or a witness who fails to attend risks serious damage to their case

Broker Falls Flat: Court Dismisses Flimsy Claim Against Dealer

A County Court ruling has reinforced the importance of solid evidence and clear contracts, rejecting a broker’s claim against a car dealer over an alleged pre-existing fault.

Small Claims and Expert Fees: Understanding the £750 Cap

Parties should carefully consider the necessity and proportionality of obtaining expert evidence to avoid incurring irrecoverable costs.

Buyer Beware: £4K Discovery claim falls flat in court

An opportunistic claim for nearly £9,000 on a £4,000 used vehicle was thrown out by the court, reinforcing the principle of caveat emptor in business-to-business sales.

Two Years of Lawgistics Litigation Support

Since launching Lawgistics Litigation for the Motor Trade, we’ve saved our members over £2.6 million in court claims.

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.