fbpx

Buyer of Crash-Damaged Ferrari Awarded His Money Back By Judge

4th February 2020 By

If you have been deceived by a salesman into paying too much for dodgy goods, you should see a lawyer right away. The disappointed buyer of a crash-damaged Ferrari sports car who did just that was awarded his money back by a judge.

The buyer was attracted by a magazine advertisement which described the car as ‘very rare’, a ‘real head-turner’ and ‘in great condition inside and out’. That glowing description was backed up orally by the director of a car dealership from which he bought the car for £43,400. After it was shipped to his home in Australia, however, the buyer realised that he had been sold what was described as ‘a dog’.

After the buyer launched proceedings, the judge found that the car had been involved in a serious accident 10 years before the sale and had been very badly repaired. Its wheels and bumpers were not factory-fitted, as the director claimed, and it was very far from being in great condition.

The director argued that his relevant statements concerning the car were mere puffs which were not intended to be taken seriously and thus gave rise to no legal liability. The judge, however, found that they were fraudulent misrepresentations, in the sense of being knowingly false, and that the buyer had relied on them.

Having received no benefit from his ownership of the car, the buyer was entitled to reimbursement of the full price that he had paid for it, less any sum he might receive on selling it on to another purchaser. The car dealership having gone into liquidation, the deceitful director was ordered to make good the award in person.

Source: Concious

Latest News

Award That Requires Borrowing Made Into Court Order

17th May, 2024 By

Disagreements between separating couples all too often result in litigation that substantially reduces the assets available to them, as was illustrated by a case that recently reached the High Court. At issue was whether awards made by arbitrators in financial remedy proceedings can be made into court orders even if that would require one of the parties to borrow money. The couple had previously had a relationship lasting a few years before resuming their relationship in 2015. They had two children before separating again in 2019. Following their separation, the...

Inheritance Disputes – Costs Risks Can Be Reduced

15th May, 2024 By

Arguments about what someone promised before their death can lead to significant legal costs. However, if faced with a claim against the estate, there may be steps the beneficiaries or executors can take to reduce the risks, as a recent High Court case illustrated. A man had left a farmhouse and agricultural land in Cornwall to his wife, with whom he had also jointly owned a neighbouring area of land. After his death, one of the couple's daughters and her husband claimed that he had told them he wanted them...

Share Rounding Error Does Not Prevent CGT Relief

13th May, 2024 By

There are often very specific rules that must be complied with in order to claim tax reliefs, but if a small mistake arises, the courts may be able to provide assistance. In a recent case, the First-tier Tribunal (FTT) found that an investor was entitled to Entrepreneurs' Relief on the disposal of his shares in a company, despite owning one share fewer than he needed to qualify for it. The investor had agreed to purchase 5 per cent of the shares in the company for £500,000. He wished to own...

Wife Entitled to Maintenance Until Sale of Family Home

10th May, 2024 By

When divorcing couples disagree on how assets should be divided, the courts will seek to arrive at a fair outcome for both parties. In deciding how the proceeds of sale of a former couple's home should be apportioned, the Family Court agreed with the wife that she should receive maintenance payments until the sale took place. The couple had married in 2006. Following a brief separation, they had reconciled for two years before finally separating in 2022. The husband and wife both contended that they should be entitled to about...