Trailer Mis-sold?

ROG said:
This type of case has been on TV many times - to claim a refund etc from a private seller it MUST be in writing

I could legally sell a car and say wonderful things about it verbally but if not in writing it just 'puffing' and has no legal bearing

Horses may be covered differently as they are animals - I do not know the laws on that
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Well in this case it was in the advert. But in any case whatever you've seen on telly, you aren't right. A verbal contract has equal weight to a written one, it's just more difficult to prove. If the OP has a witness that she was told the brakes were working, even if it wasn't in the advert, she still has a right to some money back. Getting it may be a different issue, but she has the right.

That is provided, of course, that working brakes does not include brakes that are just about working but might fail any time and will fail in an emergency stop.
 
"‘implied terms’ of the Sales of Goods Act only apply to title and description, not to quality. This means the goods must simply correspond with the description, and be legally owned by the seller."

The fact she has stated the item is "perfectly safe and useable" may lend you some weight in the argument for a refund but this is very much a small claims court issue if she doesnt respond or offer a refund so would depend on time/cost involved
 
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It still has to be correctly described.
'The rules change with private sellers

If you're buying second-hand goods from a private seller (someone who doesn't sell goods for all or part of their living), your rights are nowhere near as strong as when buying from a shop.

The only protection is that it's correctly described and the owner has the right to sell it. Here, it really is a case of caveat emptor or "let the buyer beware".'

As I said before this isn't anywhere near court yet so I don't see why what would legally win is that important right now, this is a discussion about consumer rights not what evidence you need when you go to the small claims court. Especially given that you file for anything under £100k online these days too. But still that is rather jumping the gun.
and do stop shouting :p
 
This is why I hate selling anything, as nobody will take responsibility for their own actions anymore. You looked at the trailer, must off pulled the trailer and were happy to part with your money, if you didn't know enough to check the trailer over properly or just didn't bother I'm sorry but its on your head. If it was me I would except I had been stupid and lesson learnt, if you had limited funds then all the more reason to get it properly checked but YOU were happy to buy it.
Can't see how you would have a leg to stand on, it would all be hear say on both sides and a friend will not count as a witness ( I know this for a fact as a few weeks ago a friend had some problem with a car, legally the witness being a friend won't stand in court) like when I had a car accident, there was 1 witness as It was in my local area so happened to be somebody I know, straight away she couldn't be a witness as we knew each other.
Just except you were happy to buy something which you never checked so lesson learnt
 
The ad says "serviced regularly" so did you receive a bunch of service invoices/worklists with your receipt to prove such work had been done and so that you could check what the meaning of "regularly" was - could be annual, could be less.
 
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