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.

DMS NavigatorDealer Management System software for Car Sales, Aftersales and eCommerce

Our dealers use us to help them be more Efficient and Profitable!

You can use our Dealer and Lead Management software to integrate all dealership departments, both online and physical ; providing all in-house functions; Invoicing, Stock Management, Accounting and Marketing as well as interfacing for advertising, ecommerce and more.

Darren FletcherLegal AdvisorRead More by this author

Related Legal Updates

An eventful small claims hearing

Discover how a simple oversight in witness representation and off-screen coaching at a remote hearing can dramatically impact legal outcomes, underscoring the critical need for adherence to procedural rules and proper pre-action conduct in our latest insightful article.

From initial complaint to court claim form – let us help you

You can feel assured that court deadlines are attended to with the required attention and specialism.

Is it time to ditch “Dear Sirs”?

Clearly, “Dear Sirs” is old-fashioned, but is it sexist?

Location, Location, Mislocation: A costly oversight in court attendance

What the unfortunate Claimants (husband and wife) had not appreciated, was that the hearing was listed for the court at Central London.

Court re-instates a claim because of its own error!

One wonders how many times the courts have made the same error.

To Be or Not To Be Remains the Legal Question

The Claimant had sought to reject a commercial van that he had been using for business purposes but alleged that he was a consumer.

Always Deal with Court Documents

This cost our member an application fee to the court, plus a legal representative at court for the hearing.

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.