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Jomo1972, Barrister
Category: UK Law
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hello, i bought a car sold as seen from a trader, on the way

Resolved Question:

hello, i bought a car sold as seen from a trader, on the way home it broke down and had to be recovered, we telephoned him to say what had happened and they said if we returned it they would repair it, i did ask for a refund but they said no. the car went back and three days later they phoned to say the cost was £250 and could i send £125 towards it, i have refused to pay this and would like my money back, is this possible, thankyou

Submitted: 12 months ago.
Category: UK Law
Expert:  Jomo1972 replied 12 months ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

How much did you pay and how old is it?

Customer: replied 12 months ago.

£980 10yrs old

Expert:  Jomo1972 replied 12 months ago.

To be wholly honest, you may struggle to get a refund but you are entitled to the cost of a repair.

This is a second hand purchase. The SoGA does apply to it and does demand that it be fit for purpose. If it broke down on the way home then clearly it probably is not.

Unless they are going to try to argue that they specifically pointed out to you any fault at the time of sale then they are liable for the faults.

They should offer either a refund, an exchange or repair. They could try to argue that it would be disproportionately expensive for them to offer a repair and the SoGA does allow them to offer other remedies but they have to offer a refund in full. They cannot demand that you make any payment at all.

In truth, your better claim is for the cost of repair.

Hope this helps. Please remember to rate my answer OK SERVICE or above.

Jomo1972, Barrister
Category: UK Law
Positive Feedback: 95.6 %
Satisfied Customers: 58732
Experience: Bar Exams, over 5 years in practice.
Jomo1972 and other UK Law Specialists are ready to help you
Expert:  Jomo1972 replied 12 months ago.

Just wondering how everything is going?

Do you need any more help?

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