Up date on being sold an ifor with wooden floor not aluminium

Having thought about this a little I have a question for you

Did it say anywhere in the ad that it was advertised elsewhere so could be withdrawn at any time?

The reason I ask this is because I *think* that unless pre warned the seller cannot actually sell to you in the way she has. I'm not 100% on that so don't quote me
 
This is really very simple.

The advert stated it had an aluminium floor. It does not. Therefore there was misrepresentation as to one of the main terms of the contract. This is a material breach of contract and you are entitled to the main contractual remedies. In this case, the most obvious solution is to request your money back and return the trailer. Clearly you would not have bought the trailer if it had a wooden floor.

You did not inspect the trailer and this is actually in your favour in claiming for breach of contract as you were relying on her representations.

She does not sound as if she was selling in the course of business, so Trading Standards are likely to be of little use, beyond advice. Your rights against a non-business seller are reduced, specifically you do not have the right to claim for improvements or repairs to be made to the trailer under consumer legislation.

ebay's usual terms and conditions do not apply because the trailer was sold in a private sale. However you did rely on the wording of the advert on ebay so this is still salient.

Messing around asking her to pay for repairs is just going to create confusion and likely further dispute. I really think your best remedy is to return the trailer and get a refund. It sounds as though if tell her clearly and simply that this is what you want and you will sue her in a Small Claim if she does not do so, this matter could be resolved fairly easily. I would also perhaps make light mention of the fact there may be an element of fraudulent misrepresentation in this if she is awkward.

NB "sold as seen" does not negate the contract terms and conditions - in other words, even if an item is sold as seen, it must still correspond to its basic description and to the material terms of the contract, albeit in this contract they are fairly simple.
 
Thank you very much for your post, i am now alot clearer on how to handle the situation.
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Hopefully she will accept trailer back and give me a full refund.
 
Me personally i think you have every right to be annoyed. As you said it was stated in listing it had aluminium floor.

That's like selling a petrol car when it is diesel
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Definitely go to trading standards.

I would try and get some money back if not take the trailer back for your money.
 
Headless Horsewoman gives top banana advice - the only thing I would add is that you need to be very clear that you relied on the seller's representation that the floor was aluminium and would not have bought it otherwise. We lost a claim in the small claims court against a private seller who sold duff goods because we could not prove we relied on a misrepresentation which was the main thing that induced us into the contract - this can sadly therefore be difficult unless you can prove it if you have to go to small claims court. Trading standards are not for private sellers as HH has pointed out. If you are going to take the trailer back you have to do it as soon as you can - don't let it drag on or you will have accepted the goods. Good luck - these things are a nightmare unless you grasp the nettle straight away.
 
Simply get a copy of the advert which states Aluminium Floor and you have got her. She has advertised and sold you a trailer which has not got an aluminium floor so therefore mis-representation of the goods. End of story.
 
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Simply get a copy of the advert which states Aluminium Floor and you have got her. She has advertised and sold you a trailer which has not got an aluminium floor so therefore mis-representation of the goods. End of story.

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I do have the copy, but what do i do with it?
 
There is a government helpline, (Consumer Direct I think), which will give you advice on exactly how you stand legally and the way forward. I would give them a ring (they are very approachable).

Once you are clear on the legal boundaries it will be more obvious on how to deal with the lady.

By the way, I too learnt the heard way about trailer floors. I bought a trailer from a friend of a friend (very smart people) and trusted them on the floor. When the floor turned out to be rotten they aplogised very sweetly but that was it. So don't feel too stupid - you aren't the first and deffo won't be the last to 'trust' someone and make a mistake.
 
To be honest if i were looking at a trailer advertised 8 years old with aluminium floor i wouldn't bother to check it as you would not expect it to be rotten, on the other hand if it was advertised as wooden i would.
 
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For goodness sake, you have been offered a full refund. Just take it back, get your money back and let it drop. Just what good will dragging it out do you?
 
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For goodness sake, you have been offered a full refund. Just take it back, get your money back and let it drop. Just what good will dragging it out do you?

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I don't think it actually says the OP has been offered a full refund...

Interesting to see the legal boffs advice above, not what I would have expected at all! If I was in this situation I would be kicking myself for not checking the floor, and if I bought a trailer without inspecting everything I would be prepared to renew the floor anyway!

But as the seller says she had so much interest.... ask her to refund you as she'll have no problem selling it on to one of the interested parties!
 
Is the floor actually rotten, two wet patches under a rubber mat does not equel "rotten"Has any one competent looked at it and given a professional opinion?
 
RE the trailers age, if it is 8yo or there abouts it will have the month and year of manufacter engraved on each of its wheels. Only the very old trailers say 12y old and above about that do not, ( all newer ones do as well )

Just because it is sold as seen does not mean it does not have to match sellers description, you must open a dispute with ebay so everything is recorded and if necessary trade and standards.
 
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RE the trailers age, if it is 8yo or there abouts it will have the month and year of manufacter engraved on each of its wheels. Only the very old trailers say 12y old and above about that do not, ( all newer ones do as well )

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i think i've mentioned this at least once or twice, L.
 
I think you paid well over the odds for the trailer anyway so I would count this as a blessing and return it and get a full refund from her. I bought my IW505 three years ago (private sale). It was only 2 yers old at the time, alum floor, tack box and all the locks etc for £2500. you can get them new for about £3000! Get your money back and start all over. it will be worth it in the long run.
 
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