Author: Dennis Chapman
Published: March 5, 2012
Reading time: 1 minute
This article is 10 years old.
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When the Claimant is arguing a breach of Section 14 of the Sale of Goods Act 1979 (as amended), who holds the burden of proof?
It is a common misconception that the Claimant has to prove the vehicle was unsatisfactory, but in actual fact it is for the seller of the vehicle to prove that the vehicle was satisfactory at the point of sale.
You can help to prove this by making sure as many pre sale checks are undertaken as possible, such as MOT, service, full inspection etc. The law does not expect you to dismantle the vehicle and check each individual part but it does expect you to undertake a reasonable amount of inspection, so that you are satisfied that it is of satisfactory quality. Undertaking these steps before purchase, will save you problems later on down the line should the vehicle experience a fault.