Ask an UK Law Question, Get an Answer ASAP!
Thanks for your question.
Are "K & N Car Sales" in the business of dealing cars and not private sellers?
They buy cars and then sell them and they go under the name of k and n car sales
It sounds as if they are a dealer - in the business of buying and selling cars. It is essential to you claim that you are able to prove this because, if they are, the Sale of Goods Act 1979 implies terms in to the contract. If they are not then there are no such terms implied.
I answer on the basis that they are dealers.
If the car was not of satisfactory quality then you could have gone back to them requesting that they remedy the repair under s14(2) SGA 1979, if they could not repair it then you would be be able to ask for a full refund.
The difficulty is that unless you have given the dealer the opportunity to repair the car and remedy their breach and they point blank refused to engage with you then you will not be able to claim the cost of the repair that you have paid for by the other mechanic.
Following repair by the mechanic if the car is still not of satisfactory quality to the extent that you are denied substantially all of the benefit of the contract then you can go back to the dealer to request further repairs of a full refund of the purchase price you paid for it. If they do not comply then you will be forced to issue a claim at Court to recover the monies, but before doing so you may choose to take specific advice from a local litigation solicitor so that he can write a letter before action to them to see if this prompts their compliance.
You can find solicitors in you area by using the Law Society's search engine, enter your postcode and "civil litigation":-
It's a great shame you went to the mechanic first I'm afraid, sorry it could not be better news.
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).