misleading description

keithdc

wealdroam wrote: »

Unfortunately, after seven years you will have no success in the small claims court or any other court.

In England and Wales The Limitations Act restricts such claims to six years from the date of the sale.

Things are slightly different in Scotland - are you in Scotland?
I guess from you username, probably not.

Its six years from the breach of contract (i.e. cause of action as per Limitation Act), not the date of sale.

KeithP

keithdc wrote: »

Its six years from the breach of contract (i.e. cause of action as per Limitation Act), not the date of sale.

So if the seller has sold inherently faulty goods, when was the contract breached?

I would suggest that might be at the time of the sale.

unholyangel

KeithP wrote: »

So if the seller has sold inherently faulty goods, when was the contract breached?

I would suggest that might be at the time of the sale.

On the head.

In comparison, in scotland its 5 years from discovery ie the date you become aware (or should have reasonably been aware) you have suffered a loss/damage/injury.

shaun_from_Africa

keithdc wrote: »

Its six years from the breach of contract (i.e. cause of action as per Limitation Act), not the date of sale.

That's incorrect.
It is 6 years from the date that the contract was formed. (In England)
When the limitations act is referring to the date that "the cause of action accrued" this is the date of sale.
It's worded like that because one of the implied terms of the contract is that goods must last a reasonable time (with certain caveats) and if they fails to do so then one of the terms of that contract has been breached so in turn, the cause of action is from the date of sale.

If this wasn't the case, any buyer could attempt legal action against a business seller after any time period that they wished even if it was 50 years after the sale.