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05/5/2010 at 9:41am
Location: Keswick Outfit: Bailey
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Joined: 11/12/2009 Diamond Member
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As we don't know the full facts of this deal I can only comment generally on the legals.
There is an implied clause in a contract for the sale of goods that the seller has legal title to the goods (van in this case) and is able to transfer that title to the seller. As no title was transferred then there is no contract so the parties should be put into the position they were in before the deal i.e you get your money back.
The dealer suffers the loss, but as a dealer he is holding himself out as someone with expertise, who should check these things, and is obliged to act in good faith why should he not suffer the loss? As "Atiyah's Introduction to the Law of Contract" points out "it is largely unfair to permit him to place the burden of the risk on the innocent third party".
The OP should maybe contact the "dealer" (if he has not done so already) and let him know what has happened and ask for his money back
Good luck
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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05/5/2010 at 1:52pm
Location: Gloucestershire Outfit: Ford Focus Zetec and Avondale Dart 470
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cwdc56768
Great to have free legal advice
flossybow, good luck with buying the van or getting your money back.
This story makes me think that I will never carry the CRIS papers in my van.
Carol
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