AUSTIN LAFFERTY: Laying Down The Law

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AUSTIN LAFFERTY: Laying Down The Law

QI bought a car two months ago.

The rear brake lights were not operating. I spoke to the salesman and he assured me it would be fixed. Later on another problem arose. I phoned the next day and they asked me to bring the car in. I got someone else to look at the car and he told me there was a timing problem. When I took the car in I asked for this to be fixed as well as the brake lights. They were rude and said I would need to pay for the parts and labour.

AYou are entitled to the repair free. They obviously don't know or care about consumer law. Unless the fault was either pointed out to you or obvious at a glance, it is a latent defect (or defects). You have a statutory warranty as to the condition of the car, even if it is second hand, and even if you declined to buy an additional warranty. Demand to speak to the dealership owner. If no joy, speak to trading standards.

QI made an offer for a semi-detached house (it was "offers over"). I didn't get it, but the agents won't tell me what it did go for. Surely I should get that information, so there is no favouritism in giving the house to a favoured buyer?

ANo , the seller has a right to privacy as to the price they accepted. They have no contractual connection with you that would force them to give this information to you. The agent acts for the seller alone and must observe client confidentiality. However, the price will eventually turn up in the Land Register of Scotland and there are various websites that will let you check it. But even if your bid was higher, you are not entitled to insist on buying.

QMy ex pays maintenance for our daughter but has fallen behind. She signed an agreement to pay. Can I enforce this through the courts? I am unhappy that I am having to correspond with her solicitor who I think is acting just as her mouthpiece rather than advising her. I have sent pay-in slips that prove my case but she won't accept them.

AYou can't know what is discussed between lawyer and client – the solicitor may have told her what he thinks but your ex won't accept it. That's her problem. You can sue, but you may not even need to, if the agreement allows you to instruct sheriff officers to go for arrestment of the ex's wages if she will not pay.

QI want to leave money for my cats to be looked after when I die, but I am afraid my wishes may be overcome by family who will see it as a waste of money.

AThere is nothing wrong with setting aside money to care for a pet after your death (though you can't leave money to a pet directly). I am not a dog or cat person, but as executor of several clients' wills I have had to pay for the deceased's dog to be looked after until its natural death. What you should do about your cat is choose a non-family executor – such as a lawyer – who will carry out your wishes to the letter.

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