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From: Andy Cap on 27 May 2010 11:49
On Thu, 27 May 2010 16:36:39 +0100, "steve robinson"
<steve(a)colevalleyinteriors.co.uk> wrote:


>The op could sue the seller however he would need to show the seller
>was aware of the faults and that he failed to disclose such faults
>when asked

OK, I accept that sheds a different light on it.

Say though the seller compensates the buyer by voluntarily paying for the
repair, could he then claim from the garage for his monetary loss?


From: Peter Parry on 27 May 2010 12:33
On Thu, 27 May 2010 16:49:52 +0100, Andy Cap <Andy_Cap(a)nosuch.co.uk>
wrote:

>
>Say though the seller compensates the buyer by voluntarily paying for the
>repair, could he then claim from the garage for his monetary loss?

Possibly, but it would depend upon the seller having a contractual
liability to do so, which they don't appear to have. Take three
situations:-

1. New buyer sues seller in court and wins - seller has case to sue
original garage for his loss.

2. New buyer tells seller of problem and seller asks his solicitor if
he is liable. Solicitor says yes he is so he pays. The seller would
have case against the garage for the repayment he made but would have
to prove he had a liability to pay the buyer. The solicitors evidence
would usually be adequate.

3. New buyer tells seller of problem and seller realises he has no
contractual liability to pay but feels sorry for buyer and refunds
some money. In this case the seller would not be able to sue the
garage for his loss.


From: Peter Parry on 27 May 2010 12:34
On Thu, 27 May 2010 16:48:53 +0100, "steve robinson"
<steve(a)colevalleyinteriors.co.uk> wrote:

>Peter Parry wrote:

>> If the original owner had to recompense the new purchaser they would
>> indeed be able to sue the garage.
>
>Only if the original owner was legally obliged to recompense the
>purchaser not as a matter of princible

Indeed.

From: steve robinson on 27 May 2010 13:28
Andy Cap wrote:

> On Thu, 27 May 2010 16:36:39 +0100, "steve robinson"
> <steve(a)colevalleyinteriors.co.uk> wrote:
>
>
> > The op could sue the seller however he would need to show the
> > seller was aware of the faults and that he failed to disclose
> > such faults when asked
>
> OK, I accept that sheds a different light on it.
>
> Say though the seller compensates the buyer by voluntarily paying
> for the repair, could he then claim from the garage for his
> monetary loss?

No because what the seller is doing is over and above his legal
obligations and is incurring the loss volentarily
From: Andy Cap on 27 May 2010 13:38
On Thu, 27 May 2010 17:33:46 +0100, Peter Parry <peter(a)wpp.ltd.uk> wrote:

>Possibly, but it would depend upon the seller having a contractual
>liability to do so, which they don't appear to have. Take three
>situations:-
>
>1. New buyer sues seller in court and wins - seller has case to sue
>original garage for his loss.
>
>2. New buyer tells seller of problem and seller asks his solicitor if
>he is liable. Solicitor says yes he is so he pays. The seller would
>have case against the garage for the repayment he made but would have
>to prove he had a liability to pay the buyer. The solicitors evidence
>would usually be adequate.
>
>3. New buyer tells seller of problem and seller realises he has no
>contractual liability to pay but feels sorry for buyer and refunds
>some money. In this case the seller would not be able to sue the
>garage for his loss.
>

Thanks for the clarification. Interesting thread.
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