Legal Question in Consumer Law in South Carolina

motor problem- want to know rights

i bought motor for 5grand from odd seller off newpaper was told it had 10,000 miles, new engine test drove car found radio had bad reception he said he'd hav look at it b4 dropping it to me. 2 months later driver the doors stff and handles come off, cars become sluggish in performance the oil leaks have developed.so i took the car to garage im told engines reconditioned and has done 60,000 miles i went back to seller he told me he didnt know as he'd bought it off someone else they'd told him it was new and had done 10,000 he seems genuine and hes also my neighbour

id just like to know what my rights are under the Sales of Gods Act b4 i decided to do anyhting about this.


Asked on 3/12/06, 12:52 pm

1 Answer from Attorneys

Andrew Dutton Legal -Zone

Re: motor problem- want to know rights

This was a sale and purchase between private individuals and therefore the Sale of Goods Act is not applicable. The act would only have applied had you purchased the car from a seller acting in the course of his business.

It would however seem that the sale was induced by representations which were untrue. As such the Misrepresentation Act will in certain circumstances give you the right to rescind the contract and return the car. It would seem that this is what you must do, and as it is important not to delay, you should put the seller on notice that the car is rejected straightaway.

Let us know if we can help further.

Andrew Dutton

www.legal-zone.co.UK

[email protected]

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Answered on 3/14/06, 9:03 am


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