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Legal Advice needed!
Hi. Im looking for some advice for the following situation ive found myself in.
I own a modified car which i wanted to sell and advertised it on ebay. I found a buyer and a price was agreed. On the advert i had stated that the tracking needed doing.In discussing the sale the buyer asked if i would get the tracking sorted before he came to collect the car. I said this wasnt a problem and i would get it sorted. He paid me a deposit for the car through paypal
I took the car to a local garage. The car has lambourghini doors which open up and i told the gargage this as i handed them the keys and told them to be careful with them.
They ended up damaging the door hinge and cracking the wheel arch away from the wing.Presumably through trying to open the doors as normal. They claimed full responsibility without any hassle and the car went to a local bodyshop of their choice to be repaired.
In the meantime i informed the buyer of the car and he said he was happy to wait as long as the car was repaired to a satisfactory standard. I rang the bodyshop on a daily basis and kept him up to date with the repairs. I informed both the garage that damaged it and the bodyshop that the car was being sold and a deposit had been put down on the car.
Once the car was repaired i went to pick it up from the garage and found the door hinge needed adjusting. I took it back to the bodyshop and they had it for another day to sort it.
I picked the car up and everything looked ok. I rang the buyer and agreed a time for the car to be collected. The buyer lives 280 miles away so they were keen to make sure everything was right over the phone.
However i looked at the car tonight and have found the repairs to the bodywork have began to crack within a few days. I rang the buyer to let him know and he has pulled out of the sale. I apologised and have refunded him his deposit due to it being a problem that was out of both of our hands.
So now my question is this:
Is the garage that damaged my car liable for the loss of the sale of the car?
i have evidence to prove a deposit was paid before the car went there and now evidence that i have refunded that deposit. If they hadnt of damaged the car in the first place-regardless that the bodyshop have done a poor repair job, then i would have sold the car to the buyer and everyone would be happy.
Thanks in advance
Craig
I own a modified car which i wanted to sell and advertised it on ebay. I found a buyer and a price was agreed. On the advert i had stated that the tracking needed doing.In discussing the sale the buyer asked if i would get the tracking sorted before he came to collect the car. I said this wasnt a problem and i would get it sorted. He paid me a deposit for the car through paypal
I took the car to a local garage. The car has lambourghini doors which open up and i told the gargage this as i handed them the keys and told them to be careful with them.
They ended up damaging the door hinge and cracking the wheel arch away from the wing.Presumably through trying to open the doors as normal. They claimed full responsibility without any hassle and the car went to a local bodyshop of their choice to be repaired.
In the meantime i informed the buyer of the car and he said he was happy to wait as long as the car was repaired to a satisfactory standard. I rang the bodyshop on a daily basis and kept him up to date with the repairs. I informed both the garage that damaged it and the bodyshop that the car was being sold and a deposit had been put down on the car.
Once the car was repaired i went to pick it up from the garage and found the door hinge needed adjusting. I took it back to the bodyshop and they had it for another day to sort it.
I picked the car up and everything looked ok. I rang the buyer and agreed a time for the car to be collected. The buyer lives 280 miles away so they were keen to make sure everything was right over the phone.
However i looked at the car tonight and have found the repairs to the bodywork have began to crack within a few days. I rang the buyer to let him know and he has pulled out of the sale. I apologised and have refunded him his deposit due to it being a problem that was out of both of our hands.
So now my question is this:
Is the garage that damaged my car liable for the loss of the sale of the car?
i have evidence to prove a deposit was paid before the car went there and now evidence that i have refunded that deposit. If they hadnt of damaged the car in the first place-regardless that the bodyshop have done a poor repair job, then i would have sold the car to the buyer and everyone would be happy.
Thanks in advance
Craig
0
Comments
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doubt it mate, id say they liable for shoddy worksmanship but not private selling arrangements.0
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if its started to crack around the repair poor filling. you take it back to the repairer, play holy hell because you lost a sale. you cant claim anything as youve not lost anything, he paid you deposit so you were up, then this happened and you refunded so your even again, allthough i would say that they could contribute to your ebay relisting costs.0
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You get the car repaired to a satisfactory standard. And list it for sale again.
The garage is liable for any losses you have as a result... This would be Ebay relisting costs, and if you have to sell it for a lower price than previously agreed, you could claim the difference. However IMHO you would have to show that the lost sale was a done deal and the buyer would not have backed out & you had no reasonable option but to accept the lower offer. Ultimately if the garage refuses to compensate you have to decide if you want the extra expense and time and to go to court on what is not exactly an open and shut case.0 -
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Your buyer's probably had a lucky escape. Wouldn't fancy a bump in it, if so much damage can be caused just by trying to open the doors wrongly.0
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You do have some bad luck with cars, don't you?I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0
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