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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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I have purchased a second hand trailer from an on line web

Resolved Question:

I have purchased a second hand trailer from an on line web site, the description stated that the trailer was in good condition, braked the lights worked and it had an operating weight of 3500kg, the seller is registered as a business seller.

When i got the trailer home, the lights do not work properly, the brakes do not work (one cable is not even attached) making the trailer un road worthy and the legal operating weight is 2750. So the trailer was mis described. Am i entitled to a refund it is only 3 days since i collected the said item
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question.

 

Can you please confirm if the website is run as a professional business please?

 

Intended as an info reqest, do not click accept.

 

Kind regards,

 

Tom



Edited by Thomas on 5/2/2010 at 9:56 AM EST
Customer: replied 4 years ago.

Hi

 

The web site is ebay, the seller is registered as a business seller and i settled the transaction with cash on collection

Expert:  Thomas replied 4 years ago.

Right, and through your other contact with the seller are there any other factors which indicate that this was a sale in the course of their business?

 

It's key to establish if you bought the trailer as a consumer, rather than a private sale between individuals.

 

Regards,

 

Tom

Customer: replied 4 years ago.

Hi

 

The seller was disposing of the trailer which he used in business (transportation of a bouncy castle) In his ebay profile it clearly states a business seller as he sells other products through ebay and has to reqister as such, also as a business seller the web site with insist he dispalys a refund accepted which it does. I do not believe the trailer is fit for purpose which is why i am seeking a refund. Until he makes contact with me i do not know his stance but i would like to be forwarned of my potential rights

 

Thank you

Expert:  Thomas replied 4 years ago.

Right, it's obviously good news that he advertises with the option of a refund.

 

It sound as if he will be taken to have sold in the course of his business, in effect being a dealer of trailers (or similar). This is good for two reasons.

 

Under the Consumber Protetion (Distance Selling) REgulations 2000, if you purchase as a consumer over the internet you will get a coolingoff period of 7 days from the date you were able to examine the trailer. You should either write or email to him (faxing or sending by Royal Mail Next Day delivery) citing the legislation and the right to refund advertised by him and state that you are exercising your right to terminate the agreement and obtain a full refund.

 

The as a consumer contract it will also have the benefit of the terms implied by the Sale of Goods Act 1979.This means that the trailer must have been of a satisfactory quality., if it is not it will be a breach of contract under which you could request repair and a refund if the repairs are not adequate. There is also a term which states that the goods must correspond with the description given by the seller, so you would be entitled to have the misdescribed defects remedied.

 

In all likihoods you will not have to rely on the implied terms by the SGA1979 and will be able to obtain a refund under the distance selling regs, but if he disputes the applicabaility of the distance selling regs this is another avenue of recourse for you.


If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6372
Experience: BA (Hons), PgDip, Practising Solicitor
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