Misrepresentation?
Discussion
Just found the story of a chap who bought a 328 via auction and has lost a court case regarding the vehicle being mis respresented in the catalogue regarding its service history etc
www.theargus.co.uk/display.var.967706.0.chasing_ferrari_dream_cost_man_10k_and_car.php
www.theargus.co.uk/display.var.967706.0.chasing_ferrari_dream_cost_man_10k_and_car.php
I am little surprised at the outcome but it highlights the fact that there is no accepted definition of FSH and why it is essential to check - look at the documents first and don' take their word for it.
If think Coys would have been stuffed in there had been something on HPI that did not show up because of the error on the registration etc. They are responsible for what they put in the brochure.
What the guy was after was rescission and that rarely crops up on misrepresentation cases.
To be honest if I had found a decent 328 at that price (and could afford it AND find somewhere off road to park it) I wouldn't have quibbled over the car, but I would have asked Coys to get the paperwork sorted out and double check the history with the correct data - at their expense. Had he done that I think he might have won.
If think Coys would have been stuffed in there had been something on HPI that did not show up because of the error on the registration etc. They are responsible for what they put in the brochure.
What the guy was after was rescission and that rarely crops up on misrepresentation cases.
To be honest if I had found a decent 328 at that price (and could afford it AND find somewhere off road to park it) I wouldn't have quibbled over the car, but I would have asked Coys to get the paperwork sorted out and double check the history with the correct data - at their expense. Had he done that I think he might have won.
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