Problem Question

Geri Classic Motors Ltd ('Geri Motors'), a long-established dealer, advertises a classic, 1980s Mercedes SL motor car for sale on a specialist vintage car web site. The car was acquired by Geri Motors a week ago and the company wants 20,000 for it. The company is eager for a quick sale, as the business is experiencing cash flow problems and staff have been furloughed, following restrictions imposed by the government in response to the COVID 19 pandemic.

Ewan, a retired law professor, decides to use his retirement money to become a professional organiser of car shows and decides to start his own business.He views Geri Motors' advertisement on the web site. He has always been his dream to start a business running car shows and he sees an opportunity to buy a classic car, which can feature as a star exhibit for the forthcoming summer season of shows. On the web site, Geri Motors is shown to have a Trustpilot score of four stars out of five.

Ewan contacts Geri Motors by email and the company sends Ewan pictures of the car. Ewan asks Geri Motors to confirm the mileage of the vehicle and the company says it has done 30,000 miles in accordance with the car's odometer. The company invites Ewan to view the car and to check the car's documentation. Ewan declines, as he is keen to buy the car before anyone else does and he lives the other side of the country.

Geri Motors and Ewan agree a price of 18,000 and, a few days later, Ewan takes delivery of the car, paying 300 to a transport company to have the car transported to his house. He receives an updated registration document in relation to the car from the DVLA.

Six months later, he is paid to exhibit the Mercedes SL at the London Classic Car Show at Olympia. He gets as far as London Bridge when the car breaks down. A local mechanic fixes the car, at a cost of 200, but, a week later, on the return journey from another exhibition, the car breaks down again. This time, he gets the car towed to a specialist, classic car garage that informs him that the car has so many worn parts that it has likely to have travelled around 100,000 miles and is worth about 10,000. The cost of the tow and storage of the vehicle, while the garage awaits Ewan's instructions, is 500.A repair will cost 1000.

Ewan is aggrieved and wants to return the vehicle to Geri Motors and claim for his loss. He discovers that the car's current MOT certificate shows the car to have travelled 80,000 miles.Other, previously-issued, MOT certificates show the car to have a stated mileage of between 40,000 and 70,000 miles.

Advise Ewan accordingly with reference to relevant case-law and statutory provisions.