Legal advice against a car trader

[weskereric]

I forgot to say, he\'s not just a trader but it\'s a japanese car importer and had 3 skyline r34 in stock and has sold plenty of them since several years so there is little chance he didn\'t know and if he didn\'t he should have accepted yo refund me because he did a fault in not knowing correctly what he was selling.
He has never mention me he didn\'t know after I told him...

[rx-dave]

I think you are also \'forgetting\' to mention that you are also a trader / dealer eh :spank
You have no legal rights i\'m afraid, been here myself and it\'s just one of those annoying things called s**t happens :mad:
If the car is a decent example ie. looks good and drives well i\'d just move it on through the drifting community and get most, if not all, of my cash back. I\'m sure the seller would take it back against another car? It\'s well worth asking the question and if you pointed out the fact that you cannot register the car in France it would help you.
I had a customer from Germany who came over to buy an R33 GTST Skyine from me. He had the choice of 5 cars and fell in love with a heavily modded example and, against my advice, he bought that. Sure enough 3 weeks later he called with tales of woe that it was impossible to get it through the TUV test. I then exchanged it for a standard car but charged him a few hundred quid for the miles run and the fact that it had to be re-serviced and re-registered in the UK as we\'d already sent out the export details to the DVLA...........give it a try as he can only say no, i\'d be suprised if he did!
Dave.

[weskereric]

Sorry I never said I was a dealer, I bought it like a private buyer.
I purposed him to exchange the car with their supra so I was very flexible.
This was the next day I bought the car but he delayed the exchange two times and finally cancelled it.
He probably doesn\'t want to take it back because he knows it will be difficult to sell it again at this price.
I\'m already in contact with some sollicitors. I\'ll phone trading  standards monday and I\'ll see.

[iaint]

Sorry I never said I was a dealer, I bought it like a private buyer.

If you\'re a car ttrader and the car was bought with cash or stock from your business then you\'re still able to progress this but Sale of Goods doesn\'t apply.

If something is sold as one thing but is something else you should gain traction but it will have to go to court and you will have to prove it.

Your solicitor will have to look at the relevant EU law though as you\'re in France.  British or French law may not apply.

[rx-dave]

He may well know you are a car dealer as you are buying up all the UK supplied RX7\'s are you not  
That said if you were mis-sold and you have offered the car back in a deal for another car ie. not asking for your money back then the seller should try to accomodate your request to keep a future business going with you. I have an agent / friend in Germany who may be interested in the car, send me a few details and a price and i\'ll forward them on for you :Thumbs-up
Dave.
esp.ltd@hotmail.co.uk

[weskereric]

There are 4 uk rx7 dor sale since a few months...
I just count for one, don\'t forget other millions of French and oversea people
Back to the thread, I\'ll have updates from trading standard.

[Mir]

I am NOT going to give you legal advice as my advice needs to be insured before given. But, I will make certain things easy for you.

Which law will apply?
Answer: if the contract is made in the UK, then according to Lord Denning Judgment, English/British Law will.

Which Act is more suitable for you?
Misrepresentation Act 1974, section 2.1
Unfair terms Act 1977
Section 6
Sales of goods Act 1979
(but largely depends-section 13,14,15)

Remedies:
Recision
Recind
sue (for breach of contract)

All the above can only be satisfied by discharging evidential burden on balance of probabilities.

As far buying all UK Fds are concerned, this is only classed as circumstantial evidence which has very less bearing on the case, unless proved otherwise.

Look at the sections I have quoted above and see yourself through it, I am hundred percent sure, you will get answers to your questions.

Mir

[Ricco_04]

Misdescribed goods - surely!