Clarifying the contract and promised qualities
Sales law turns on agreed terms and the required standard of the goods. I examine the contract, offer, advertising and correspondence. The parties’ status, including business and consumer sales, also matters.
Vehicle cases may involve accident history, equipment, mileage and functionality. A technical fault alone does not establish a legal defect or the burden of proof. Documenting condition and chronology is essential.
Coordinating remedial performance and other rights
I assess repair or replacement first and the further requirements for rescission, price reduction or damages. Premature third-party repairs or returns can hinder later claims.
I also assess the seller’s objections, exclusions and guarantees. Guarantees differ from statutory defect rights. The approach reflects the evidence, value and desired result.
Practical examples
These examples describe typical situations. The appropriate response depends on the facts of each case.
Documents for the initial assessment
Provide the contract, advertisement, messages, handover records, invoices and technical findings. Record when the defect appeared, when it was reported and any attempted repairs.
Frequently asked questions
Do claims require a guarantee?
No. Statutory defect rights may exist independently of an additional guarantee. The contract and legal conditions determine entitlement.
Can I immediately demand the whole purchase price back?
Rescission has its own requirements. The seller often must first have an opportunity to remedy, subject to statutory exceptions. Check the appropriate response before making a binding declaration.