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Cat-D car sold by dealer

2

Comments

  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    vaio wrote: »
    Dealers have to declare even if not asked and are still responsible even if they didn't know

    Private sellers have to declare only if asked and they know.
    Ad usually reads something like "power steering, full history, electric windows, full alarm, cat d, new exhaust, allow wheels, metallic paint, good tyres, etc etc
  • jakec589
    jakec589 Posts: 5 Forumite
    The guy I bought the car from has all the adverts, receipts, everything. No where does it state that this car is a cat d
  • jakec589
    jakec589 Posts: 5 Forumite
    vaio wrote: »
    Dealers have to declare even if not asked and are still responsible even if they didn't know

    Private sellers have to declare only if asked and they know.

    Would a court see it in my favour?
    if I propose this to the owner of the dealership is he going to offer me a settlement or laugh down the phone?
  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    jakec589 wrote: »
    The guy I bought the car from has all the adverts, receipts, everything. No where does it state that this car is a cat d
    Makes no difference to you though. who or how he bought it is none of your concern.

    You could sue the person you bought it from and he could then sue the dealer.
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    jakec589 wrote: »
    The guy I bought the car from has all the adverts, receipts, everything. No where does it state that this car is a cat d

    That would help him if he'd lost out but as he sold it for full price to you then he hasn't lost out.

    You've had no contract with the dealer so can't claim against him.

    Finally, the requirement on dealers to disclose is a fairly recent thing so might not have been a requirement when the dealer sold it
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Bantex wrote: »
    Makes no difference to you though. who or how he bought it is none of your concern.

    You could sue the person you bought it from and he could then sue the dealer.

    Private sellers only have to answer questions to the best of their knowledge so, as the seller didn't know it was cat D, the OP can't sue him.

    Assuming the disclosure was a requirement when the dealer sold it then the person he sold it to *could* claim for any losses incurred but as he sold it for full price to the OP he hasn't suffered any loss

    One to put down to experience I think
  • burlington6
    burlington6 Posts: 2,111 Forumite
    1,000 Posts Combo Breaker
    You have no right to ask the dealer for a refund. What you do is ask the seller you bought it from for your money back. I have a feeling I know what his answer will be
  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    vaio wrote: »
    Private sellers only have to answer questions to the best of their knowledge so, as the seller didn't know it was cat D, the OP can't sue him.

    Assuming the disclosure was a requirement when the dealer sold it then the person he sold it to *could* claim for any losses incurred but as he sold it for full price to the OP he hasn't suffered any loss

    One to put down to experience I think

    Agreed, I just said he could sue, I didn't say he had much chance of winning.
  • Jakg
    Jakg Posts: 2,267 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    You have no rights against the dealer (you didn't buy from him, he didn't mislead you).

    IF you had any rights, it'd be against who you purchased it from - but if you didn't ask, and he didn't know - theres not much you can do.
    Nothing I say represents any past, present or future employer.
  • pinkshoes
    pinkshoes Posts: 20,572 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    IF you asked the buyer "has this car ever been in an accident?" and he said "no", then you would have a case.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
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