Moral question (and how much should two new tyres cost?)

cyclonebri1

I take buissiness is poor???

Never known a lawyer buy a 9 year old Mondeo

The advice people have given is largely correct imho, we all know or should know the pitfalls of buying 2nd hand cars. I accept what you say regarding the car having to be as described but by purchasing the car you have agreed that it was.

Had you spotted tyre damage on your inspection you would surely have negotiated then?, but as you didn't then it either wasn't damaged at the time or niether you or the seller spotted it. Thats the argument you would get if you tried to pursue it.

Learn the lesson, sort out a couple of new tyres, £50 each will be plenty, and carry on using the car in the knowledge that you have made big savings over not wasting your funds on luxury motoring

bryanb

Deleted_User wrote: »

Well, the fact that I'm a lawyer? :rolleyes:

What is a lawyer? I've heard of solicitors and barristers, and QC's but I thought Lawyers were in USA (and films)

Hintza

Deleted_User wrote: »

Well, the fact that I'm a lawyer? :rolleyes:

I'd be interested in being pointed in the direction of the case law on this one for future reference.

Francophile

Never heard of "Let the buyer beware"?

Keith

Deleted_User wrote: »

Well, the fact that I'm a lawyer? :rolleyes:

You'll also know that it's Section 13 subsection of 1 of Sale of Goods Act 1979 which states that there is an implied promise that they will correspond with description.

However, it only applies when the buyer has not actually seen the goods but has relied upon the seller's description of them (eg. when they are in packaging or by mail order).

Section 13 subsection 1 does not apply when goods have been examined by the buyer.

cyclonebri1

Keith wrote: »

You'll also know that it's Section 13 subsection of 1 of Sale of Goods Act 1979 which states that there is an implied promise that they will correspond with description.

However, it only applies when the buyer has not actually seen the goods but has relied upon the seller's description of them (eg. when they are in packaging or by mail order).

Section 13 subsection 1 does not apply when goods have been examined by the buyer.

I rest my case 'm lord.

gner_ex

goldspanners wrote: »

you have no comeback with a private sale,its sold as seen,you should have checked everything before agreeing to buy it.

you should get a couple of budget tyres for under £100,try some of the online tyre places they can be cheaper.
try blackcircles.com ive used them before and was happy with the price and service.

Not true. Things have to be "as described" so if a car is sold with "four good tyres" that must be true, similarly there is an implied duty of care that the car will be in a usable and roadworthy condition.

If I were you, I would contact the seller, and make it clear that unless you get something towards new tyres, you will take them to the small claims court for the FULL cost of two new ones.

goldspanners

gner_ex wrote: »

Not true. Things have to be "as described" so if a car is sold with "four good tyres" that must be true, similarly there is an implied duty of care that the car will be in a usable and roadworthy condition.

If I were you, I would contact the seller, and make it clear that unless you get something towards new tyres, you will take them to the small claims court for the FULL cost of two new ones.

you are joking,aren't you?
have you read the rest of the thread?
they will need to prove the tyres were like this when they bought it. how can they do this?
and a car at £460 is not worth taking to small claims court,realise that you have made a mistake by not checking the car over before buying it.

Hintza

In the case of Bartlett v. Sydney Marcus Ltd. , [1965] All E.R. 753, Lord Denning, M.R., stated at p. 755:

"... A buyer should realise that, when he buys a secondhand car, defects may appear sooner or later ..."


Also:-

• [FONT=Arial,Arial][FONT=Arial,Arial]You have very little legal protection if you buy in a private sale so it is important that you have the vehicle checked by an expert before you buy.[/FONT]
[FONT=Arial,Arial][FONT=Arial,Arial]

• If the car is misdescribed you may be able to obtain redress but this may be difficult to prove.

Gosh I'm not even a lawyer!!

[/FONT][/FONT][/FONT]

goldspanners

Hintza wrote: »

In the case of Bartlett v. Sydney Marcus Ltd. , [1965] All E.R. 753, Lord Denning, M.R., stated at p. 755:

"... A buyer should realise that, when he buys a secondhand car, defects may appear sooner or later ..."


Also:-

• [FONT=Arial,Arial][FONT=Arial,Arial]You have very little legal protection if you buy in a private sale so it is important that you have the vehicle checked by an expert before you buy.[/FONT]
[FONT=Arial,Arial][FONT=Arial,Arial]

• If the car is misdescribed you may be able to obtain redress but this may be difficult to prove.

Gosh I'm not even a lawyer!![/FONT][/FONT]

[FONT=Arial,Arial][FONT=Arial,Arial]
[/FONT][/FONT][/FONT]

they still wont take our word for it.