Business Van Purchased - blew up 30 miles down road!

[JustChecking]

Hi all,

First post so I hope I am in the right place.

A friend of mine operates a small building business (Ltd.) and recently purchased a commercial tipper from a small commercial dealership. Test drove and did the deal (approx. £10k), however on driving 30 miles down the road the engine promptly blew-up!

Obviously this is devastating news given the small nature of his business (2-3 employees) and this represented a significant outlay so he approached the seller on the situation only to be told that because he did not purchase a warranty, there was nothing that could be done.

He has since had a mechanic look at the engine and been informed it is a full rebuild (circa £2.5k), so my question is – does he have or his business have rights in this situation?

The commercial seller has basically said that because it was a B2B transaction without warranty there is nothing, however I find this hard to believe given he did not even get home in it!

If anyone could point me in the right direction I would be most grateful as I know how hard a small trader works to get £10k spare to invest in a tool/vehicle. To find it is defective on the same day, then to go away with nothing - well, it just seems so wrong!

Regards, Dave

[Manxman]

If it's a B2B transaction then the Consumer Rights Act 2015 does not apply.

However, AIUI the Sale of Goods Act still applies to B2B transactions and I'm pretty certain that it contains a proviso that goods "must be fit for purpose" etc and "of satisfactory quality". I would argue that the engine blowing up after 30 miles breaches these requirements.

Your friend needs to check what SOGA covers. (I suspect the commercial seller is trying to pull the wool over his eyes by - correctly - telling him that he has no consuner rights. But that doesn't mean the seller can sell any old rubbish and have no responsibility for it).

I'm sure others will confirm whether I'm right or not.

(If your friend is a business man and can afford £10k on kit, doesn't he have a lawyer?)

[echat11]

Does the 'small commercial dealership' have social media? Twitter, Facebook etc?
Leave a factual review, invite the dealership to comment (keep it polite).

No doubt your comments could put other potential customers off. See if they are on Trustpilot, leave a review.

I think the dealership know they are in the wrong, they are just trying 'a fast one'.

[JustChecking]

Thanks Manxman,

I will start looking into and greatly appreciate your guidance. In answer to your question, he saved up a long time to purchase and does not have a lawyer.

I am hopeful to find the correct stance he can take and offer guidance to key areas, such as you have pointed out, so he can go back with more behind him in his next conversation.

Really appreciate your input!

[Captain Haddock]

How did this pan out?