SCIDB
Moderator
- Joined
- Jun 19, 2003
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Hi Penace,
Sorry to hear about your current problem.
As some people have pointed out, buying from an individual is a case of "carveat emptor" , "Let the buyer beware". This is how the law sees it. You are not bound by the Sale of Goods act. This only applies to traders.
The general rule in law is that a purchaser enters into a contract at his peril and own risk. If what he gets is not what he wanted then he has no redress.
However there are exceptions to this.
A Private seller must warrant and promise that the goods belong to the seller. Fit any description he has given to them.
Correspond with any sample previously given. They must match any sample shown prior to purchase.
Also
The seller must not make any false statements of fact (Misrepresentations) about the goods prior to or at the time of sale. If the purchaser relies on any such misrepresentations then he has the right to take legal action. Misrepresentations must be false statements of fact and not flowery or exaggerated phrases. E.G. "Lovely little runner" or "Goes like a dream" are meaningless. However "Just put in a new engine" or "It does 45 miles to the gallon" are factual and if proved wrong will be treated as misrepresentations
And
If the goods are second hand then a lower standard is expected. However the Caveat Emptor principle still applies, as do the exceptions and points dealt with earlier.
And
Some traders masquerade as individuals so as to avoid their legal responsibilities to their customers. This practice is unlawful and traders must make it clear that they are traders and not private individuals.
looking at the ad, I don't think there is any mis representation as you asked about the age after the sale. the power rating would have been taken from manuals. The servicing should have been done in good faith. If he had easy load, sensitive speakers, he may not be aware of any power problems.
Right you need to determine if there are any records of AVI speaking to this guy & telling him bout the faults. If not, it would be AVI's word against the seller's.
You do need to have the amp fully checked & a report written. This would determine if the amps could have been damaged in transit or from misuse/faulty. e.g burntout components.
Get in touch with the people who did the service to see what they have to say about it. They should be able to shine some light on it as it was only in August.
If the report shows that the amp is most likley was damaged via transit, then I don't think you have much come back. You would have to relay on the Postal service paying compensation. Getting any money back from the seller would be at his discretion.
If report shows overwise, that you have you have a case. The small claims court or solictor is the way to go.
Another thing you could look at is to see if he acts as a trader. Has he bought & sold alot of stuff? Is the selling his business? If you can prove he's a trader then he is bound by the sale of goods act.
You could give him a bell & tell him you are not happy with the outcome & am seeking further advice & will be getting the amps checked. Then you need to write to him stating what you are going to do. This should give hiom time to settle out of court.
I hope it goes well for you.
SCIDB
Sorry to hear about your current problem.
As some people have pointed out, buying from an individual is a case of "carveat emptor" , "Let the buyer beware". This is how the law sees it. You are not bound by the Sale of Goods act. This only applies to traders.
The general rule in law is that a purchaser enters into a contract at his peril and own risk. If what he gets is not what he wanted then he has no redress.
However there are exceptions to this.
A Private seller must warrant and promise that the goods belong to the seller. Fit any description he has given to them.
Correspond with any sample previously given. They must match any sample shown prior to purchase.
Also
The seller must not make any false statements of fact (Misrepresentations) about the goods prior to or at the time of sale. If the purchaser relies on any such misrepresentations then he has the right to take legal action. Misrepresentations must be false statements of fact and not flowery or exaggerated phrases. E.G. "Lovely little runner" or "Goes like a dream" are meaningless. However "Just put in a new engine" or "It does 45 miles to the gallon" are factual and if proved wrong will be treated as misrepresentations
And
If the goods are second hand then a lower standard is expected. However the Caveat Emptor principle still applies, as do the exceptions and points dealt with earlier.
And
Some traders masquerade as individuals so as to avoid their legal responsibilities to their customers. This practice is unlawful and traders must make it clear that they are traders and not private individuals.
looking at the ad, I don't think there is any mis representation as you asked about the age after the sale. the power rating would have been taken from manuals. The servicing should have been done in good faith. If he had easy load, sensitive speakers, he may not be aware of any power problems.
Right you need to determine if there are any records of AVI speaking to this guy & telling him bout the faults. If not, it would be AVI's word against the seller's.
You do need to have the amp fully checked & a report written. This would determine if the amps could have been damaged in transit or from misuse/faulty. e.g burntout components.
Get in touch with the people who did the service to see what they have to say about it. They should be able to shine some light on it as it was only in August.
If the report shows that the amp is most likley was damaged via transit, then I don't think you have much come back. You would have to relay on the Postal service paying compensation. Getting any money back from the seller would be at his discretion.
If report shows overwise, that you have you have a case. The small claims court or solictor is the way to go.
Another thing you could look at is to see if he acts as a trader. Has he bought & sold alot of stuff? Is the selling his business? If you can prove he's a trader then he is bound by the sale of goods act.
You could give him a bell & tell him you are not happy with the outcome & am seeking further advice & will be getting the amps checked. Then you need to write to him stating what you are going to do. This should give hiom time to settle out of court.
I hope it goes well for you.
SCIDB