Quote:
Originally Posted by Yanto
(Post 148321)
What's a Stoty ??
:smt017:smt017
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It's like a 'storey' but on one level :hahaha:
Now to be serious; the seller owed a 'Duty of Care' to the Purchaser under the 'Sale of Goods Act' wherein it states that the goods sold should be of 'Merchantable Quality' and 'Fit for Purpose' which in this particular case they they don't seem to have been.
This wasn't Negligence, Professional or otherwise or a Negligent act being committed, it was a deliberate act of 'Miss-Representation' and 'Fraud'
As Porsche GB didn't sell the Vehicle
(which is a massive topic in itself) they have no involvement.
The problem is that someone in Law is legally liable, or vicariously liable
(liable by association)
This would normally fall upon the retailer, however as they no longer exist, having been bought out by a 3rd Party group.
Dependent upon the contractual terms of their buy-out, the 3rd Party may have unwittingly incurred the liability.
To prove this would be a long, protracted and expensive exercise, as you can assume the 3rd Party would be reluctant to divulge the terms of their purchase.
That said, without that information it would be impossible to establish their culpability in any action taken or to be taken.
Bottom Line 'Caveat Emptor'
(Latin for "Let the buyer beware") unless you are determined and have very deep pockets, but it is doable!