LEGAL CORNER by Owen Hill of Wollen Michelmore Solicitors
A LESSON LEARNED THE HARD WAY A
friend of mine called me up the other day and asked me to write a solicitor’s letter. He had bought something which was not working as it should. It was a power boat but for the purpose of the legal issues involved it could have been a house, a car or any other second hand item of material value. Not new – used. No consumer protection.
My friend had been very sensible. He had carefully inspected the power boat and had a survey which revealed an issue to be resolved. He put the issue to the seller who suspected that it might be a negotiation on price, so the seller arranged for an
engineer to address the matter and invited the buyer to try again. All seemed well and the deal went through. You already know what happened next. The proud new owner discovered that the apparent fix was not complete. The same fault re-appeared and has now been diagnosed as an expensive repair which could have been avoided if the original fix had been good.
Wollen Michelmore SOL I C I TOR S
There are no prizes for knowing that the private seller of used goods is not responsible for any faults or defects. So long as the seller does not mislead or conceal – a sale that is not in the course of a business is on the basis of buyer beware. Can the buyer go back to the engineer that failed to resolve the problem in the first place?
The South Devon Law Firm
The law on liability is clear. The seller could have gone back to the engineer for satisfaction if he had kept the power boat and suffered the failure because they are both parties to the contract for the repair. The seller is entitled to what he paid for. The buyer did not pay for anything, so there is no contract between the engineer and the buyer.
The experience, dedication and values to support you, your family and your business
Torquay • Newton Abbot • Paignton • Dartmouth
www.wollenmichelmore.co.uk
This firm is regulated by the Solicitors Regulatory Authority (No.563758)
The engineer could have been liable for his negligence if the buyer or one of his crew suffered a personal injury as a result of the failure to do the job properly and that is the function of public liability insurance. But otherwise the liability of the engineer is limited to his customer. So, if you are about to buy a house or a car or anything material from a private seller, just stop for a minute and think about whether you will be able to call anyone to account for any issues that may arise. This may all seem like tedious detail in the heat of the moment when the adrenaline is pumping and you are trying to get the deal done but could help you sleep at night for a long time after.
Dartmouth office 01803 832191 49
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