Hi, and thanks for accepting me.

[Ann Reynolds]

I need help with a second hand van purchased from an independent dealer in Yorkshire. My husband is self-employed and they are saying that it is a B2B transaction, so we cannot claim under Consumer Credit Act 2015. Is that correct? I thought as he is a sole trader, he is still covered? Thanks for any help or advice. Van Cost just under 7k in January 2023. Runs out of coolant every two hours.

[Pezza54]

The dealer is right, but the Sale of Goods Act 1979 still applies to B2B contracts.

[R0b]

Pezza54 is right, the CRA does not apply to businesses of any kind. The key definition of consumer under the CRA is that a consumer must be acting wholly or mainly outside their trade, business, craft or profession.

Just a point of note regarding the SGA 1979, although it would apply in a B2B context, most commercial contracts exclude the statutory rights, which businesses are perfectly entitled to do. Typically, the language you will see in the contract excluding this is something like "we exclude all conditions, warranties, terms and obligations, either express or implied by statute to the extent permitted by law, except as set out in the contract"

If your husband signed the dealer's standard terms and conditions, it's likely there will be little recourse but that's his starting point, to read the terms and understand what remedies he may have for a faulty car.

[Pezza54]

Which.co.uk has an article "The Sale of Goods Act" which provides a brief but clear explanation of the consumers rights when purchasing goods.

Before taking the van back to the dealer can your husband locate the leak. Is there a pool of coolant or sign of dripping under the van? Keeping the coolant topped up is vital to prevent engine damage.

There may be other faults with the van. Probably best to get tyres, brakes etc inspected (KwikFit?) before taking the van back. The dealer does not sound trustworthy.