Two months after purchase, I have found out that the car was previously considered a total loss by the insurers but this was not disclosed to me during the sale, even though I asked the buyer if he was aware of any accident history.
I'm not happy as I would never have bought it had I known this fact. Stupidly I didn't have an HPI check done at the time but do I have any legal recourse?
2007-05-01 12:28:33 · 14 answers · asked by Anonymous in Cars & Transportation ➔ Buying & Selling
None, unless you can prove the owner knew this and so misled you when you asked.
How have you found out? Is it feasible that the previous owner would not have found out the same way, say, when trying to get insurance?
When was the car written off? Was it during the seller's ownership?
Generally, proving what a seller knew or didn't know about the car is next to impossible.
It's why private buyers should always get a history check. A professional inspection may also have spotted the signs of a serious accident, and often pays for itself by highlighting faults that can be used to bargain the price down.
I've attached a source link with more info about rights when buying a used car.
2007-05-02 07:55:34 · answer #1 · answered by Anonymous · 0⤊ 0⤋
If the seller knew the car had been a total loss and told you it had not been involved in any accidents, you do have recourse through the courts even if it was bought 'as seen'. If you can prove he knew it had been a total loss, write to him threatening legal proceedings and see what his response is. If the amount in question is less than £5,000 you can pursue this yourself through the small claims court. If more, consult a solicitor - most offer the first consultation (half hour) free.
2007-05-01 12:37:11 · answer #2 · answered by Sylvia H 4 · 0⤊ 0⤋
You may have a chance with the sale of goods act 1984 .The goods must be able to do what they were bought for .However what you need to bear in mind is that the insurance companies write cars off if they think that it will cost too much to repair.it may not be as bad as you think
I had a car written off a few years ago then i bought it back from the ins co and repaired it myself got an mot and used it for several years then part ex 'd it.
Its the labour costs that are crippling
2007-05-01 13:02:47 · answer #3 · answered by samwise_boffin_of_whitfurrows 1 · 0⤊ 0⤋
Sylvia H has given a good answer. Generally you have fewer rights because a private seller is not subject to the trades descriptions act. If however, he KNOWINGLY sold you a vehicle which was previously a total loss. You may have a case. See a solicitor and report this to trading standards. If this person has a record of similar activities ,logged with trading standards, this will strengthen your case.
But don't let your hopes get too high.
2007-05-01 20:50:38 · answer #4 · answered by esmerelda v 5 · 0⤊ 0⤋
If you can PROVE that the seller knew and lied about the history then you can undo the sale and recover your costs. If it's a "I asked....He said" job then buyer beware! Suggest you try to find out which insurers wrote the car off and see who owned it at the time.
2007-05-01 21:18:26 · answer #5 · answered by The original Peter G 7 · 0⤊ 0⤋
If in fact the seller was completely aware of this and did not disclose it, then according to the law you would be able to recuperate all of your money.
If the seller was for some reason not aware of this, then the law reads that all sells of vehicles between private parties are consider "AS-IS" unless otherwise stated.
2007-05-04 03:43:41 · answer #6 · answered by Anonymous · 0⤊ 0⤋
once you purchase a automobile from a private supplier you have 0 rights. If the automobile had fallen to bits as you drove it off his premises you will have had no felony recourse in besides. Ever pay attention the word 'caveat emptor'? you have the ultimate suited to check out any potential purchase greater thoroughly next time....
2016-10-04 05:36:26 · answer #7 · answered by ? 4 · 0⤊ 0⤋
Little or none. You should have pulled a history report -- Carfax in the US or AA in the UK -- prior to buying. It's entirely possible that the seller may not have been aware of the history. Even if he was, unless he declared in writing that it was clean you'd have no way to prove your claim.
2007-05-01 13:21:14 · answer #8 · answered by Bostonian In MO 7 · 0⤊ 0⤋
No you don't, it is up to you to check the vehicle is road worthy and to do a hpi check before buying privately
2007-05-01 12:41:18 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Caveat Emptor: Buyer Beware
Nothing you can do about it dude.
2007-05-05 07:38:48 · answer #10 · answered by jefx1965 3 · 0⤊ 0⤋