Glossary entry

Spanish term or phrase:

sin lugar a reclamo posterior

English translation:

without recourse to later claim

Added to glossary by Anna Heath
Mar 28, 2014 19:19
10 yrs ago
25 viewers *
Spanish term

sin lugar a reclamo posterior

Spanish to English Law/Patents Law: Contract(s) Vehicle Purchase Agreement
CUARTO: EL COMPRADOR a su vez declara que recibe el vehículo materia del presente, a su entera satisfacción y sin lugar a reclamo posterior, por ser un vehículo usado.

Dear all, I obviously understand this clause, but I´m having trouble producing the best phrase. Any comments or help would be much appreciated.

I'm looking for answers in US English, please.

Discussion

Catherine Earle Mar 29, 2014:
Hi Tom Thumb,

You've got me rethinking the whole thing, always a useful exercise.

As you state, the act of filing a complaint is the process for launching a lawsuit in the US. However, it is the legitimacy of the claim that is tried.

Nonetheless, most Spanish>English dictionaries include both claim and complaint as translations for reclamo, although I can cite at least 2 sources which give a higher priority to claim as the proper translation.

My supposition is that it would be more appropriate to include both claim and complaint in one's translation if the Spanish phrase Anna gave us was followed by an all-excluding phrase such as "de ningun tipo o clase."

Another supposition: the wordiness of the contract is usually a function of the litigation experience of its author. If our used car seller were quite accustomed to being sued, there would be a laundry list of nouns that are synonyms for claim following reclamo. Whether or not there is such a list, we don't know. Given that, I prefer claim alone, since I prefer brevity in most cases.

BTW contrary to widespread rumor, Texas is still part of the US.

Cheers.
Adrian MM. (X) Mar 29, 2014:
@ Cearle Perchance you can elaborate on the Texan legalities, as claim could be a general pre-trial moan against the seller and complaint the formal process for launching a lawsuit in the US - rather than the other way round. Reclamo surely doesn't preclude either avenue.
Catherine Earle Mar 28, 2014:
I disagree with you, Mario. This is a contract. The only "claim or complaint" that a contract is concerned with is one that can be pursued in court, or, in other words, one that can give rise to a lawsuit. Since it's a contract, it is unnecessary to specify "claim or complaint." "Claim" is sufficient. In fact, many organizations perform intensive research into their customers' complaints in order to be able to improve the products/services they sell.
Mario Freitas Mar 28, 2014:
Claim vs. Complaint In order to use "claim", you have to be sure the text refers to a legal claim (a lawsuit). It's quite common in purchase & sale agreements of used goods to mention the buyer shall not be able to complain about any features of the asset once the deal is closed. So I prefer "complaint" here (MHO).
philgoddard Mar 28, 2014:
Anna A couple of points:
"The vehicle subject matter hereof" is too literal. You could just say "the vehicle".
"At his full satisfaction" isn't right either: "at" is wrong (it's "to"), and "he/his" is sexist. How about "that they are fully satisfied with the vehicle"?
Anna Heath (asker) Mar 28, 2014:
Thanks Guillermo! Any way to allocate equal points to you and Cearle?
Guillermo Urbina Valdés Mar 28, 2014:
That looks good to me
Anna Heath (asker) Mar 28, 2014:
Hi all, I have the following:

THE BUYER represents that he receives the vehicle subject matter hereof at his full satisfaction and shall not be able to file subsequent claims since it is a second-hand vehicle.

It´s one of those ones where I´m not totally lost, but I did want to check my version. And then, I didn´t want to ask a leading question. Thanks everyone.

Is my version OK?

Proposed translations

+2
4 mins
Selected

without recourse to later claim

Is the word 'lugar' giving you a problem. How about 'recourse'?
Peer comment(s):

agree Tim Friese : This is my favorite, though Guillermo's is a close second
37 mins
agree Billh : best answer
18 hrs
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4 KudoZ points awarded for this answer. Comment: "Truly they were all good options, thank you to everyone. I learned from your comments, thanks."
4 mins

without the right to make later claims

That's one option
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9 mins

without a subsequent claim

*
Example sentence:

http://www.dandodiary.com/2012/06/articles/d-o-insurance/do-insurance-subsequent-indymac-bank-claims-interrelated-with-prior-suit-precluding-coverage-for-later-claims-under-second-insurance-program/

http://www.gordonrees.com/publications/2013/settlement-with-insurer-precludes-subsequent-claims

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11 mins

with no ground for later complaint

I believe in the case of a used car, reclamos would be complaints and not claims.
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+1
43 mins

will not subsequently file any claim

I don't think you can translate "sin" as "without" here - it's too literal, and you need to use a verb construction.
Peer comment(s):

agree Rosa Paredes
8 hrs
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+1
2 hrs

without entitlement to subsequent claim or complaint

el vehículo materia del presente > the vehicle comprised herein (in this agreement).
Peer comment(s):

agree Mario Freitas : Well put. I'd use only "complaint".
10 mins
Muito obrigado!
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