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Received small claim for painting I arranged on a part I sold

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  • Received small claim for painting I arranged on a part I sold

    Earlier this year I sold a Roof for a Lotus Elise on an enthusiasts group.

    The buyer wanted it painting and I told him there was a paint shop next to my private workshop that could do it.

    I got a price for the painting, told the buyer and he accepted on the terms heíd pay for painting up front and the item on collection. I took payment for paint and passed it onto the painter.

    After collection the buyer was unhappy with the colour match. Painter tells me there may have been a mistake and I advise the buyer to return the item to the painter.

    Buyer brings a spare panel for his car and asks painter to colour match.

    On completion, the painter asks for £130 to cover the paint matching which required hiring of equipment.

    I felt bad that the painter had decided to charge more so I told the buyer Iíd contribute £50 if he paid £80. He was unhappy but obliged.

    Now it turns out the buyer is still unhappy and started small claims proceedings.

    My defence was that I didnít paint it, therefore I donít accept thereís any claim against me.

    Im currently sat in the court going through the motions of the preliminary hearing. Weíve seen the judge once and were asked to attempt to discuss and settle. Because I dispute any further responsibility and having already contributed towards the painting, thereís no middle ground to form a resolution.

    I half excepted the Judge to dismiss a claim against me for work I didnít do, but Iím not sure he even looked at the case - it wasnít discussed at all.

    The question is, is there any scenario where I might be seen to be liable for being the middle man in the first instance? The amount is not a huge amount, less than Iím losing each day out of work, but I donít want to simply pay up when I donít think Iím in the wrong, just to avoid the cost of being out of work.
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  • #2
    The problem you might have here is that you have arranged to have it painted on his behalf.

    He could only be deemed to have a contract with the painter if he'd engaged him. The argument he will make, (and to be fair, would be mine too), was that there was an agreement to pay for the painting as part of the sale agreement; that agreement is with you and not the painter. The killer is your painter has admitted he might have made a mistake. He bought the item in good faith with an agreed price for painting and therefore he would expect you to make good on the deal.

    As a positive though, he agreed to pay the £80 difference, (albeit begrudgingly), so therefore he's accepted the offer and it could be argued he has no cause to bring a claim after he's accepted those terms. Personally, that would be how I would argue it.

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    • #3
      Just out of interest what was the exact original colour he asked for?

      What was the model & year of the car it was going on?

      Has he restored other cars in the past & do he do it for a living?

      Was the part you supplied for an ongoing restoration?

      When was his Lotus last painted?

      Now I must add that if he was experienced in restoring vehicles then simply asking for the colour over the phone is not a good idea at all.
      Last edited by GBExile; 14th October 2019, 16:23:PM.

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