Breac of Contract by Car Dealer ?

jstvj

Thanks Macman. TBH the Cat D is not the issue, I just mentioned it as an aside. However, I always thought Dealers are legally bound to declare write offs, but individuals dont have to unless asked. My only question was, have I grounds to claim for breach of contract and you have kindly answered. The difficulty I forsee is valuing any claim ?

jstvj

Thanks Macman. TBH the Cat D is not the issue, I just mentioned it as an aside. However, I always thought Dealers are legally bound to declare write offs, but individuals dont have to unless asked. My only question was, have I grounds to claim for breach of contract and you have kindly answered. The difficulty I forsee is valuing any claim ?

Spicy_McHaggis

jstvj wrote: »

Thanks Macman. TBH the Cat D is not the issue, I just mentioned it as an aside. However, I always thought Dealers are legally bound to declare write offs, but individuals dont have to unless asked. My only question was, have I grounds to claim for breach of contract and you have kindly answered. The difficulty I forsee is valuing any claim ?

But you knew it was a cat d when you paid your deposit having seen the hpi report.

Richard53

jstvj wrote: »

TBH the Cat D is not the issue

It might not be to you, but it might be a big issue to the dealer. I can see a scenario where he agrees the sale with you, takes a deposit, and then finds out belatedly that the car is a Cat D. He doesn't want to go ahead with the sale as it would be unfair to you, but he doesn't want to admit the reason why. He's made a full refund of your deposit, and it may be that he has behaved honourably after making an error with the car's status. So many people post here complaining of dealers who refuse to make refunds etc, it's a nice change to hear of one who seems to be decent.


But yes, out of curiosity I would be following the car's progress and seeing if it is up for sale next week with a higher price tag or whatever.

jstvj

Spicy_McHaggis wrote: »

But you knew it was a cat d when you paid your deposit having seen the hpi report.

The Dealer advertised the details of the insurance claim but failed to disclose that it was recorded as Cat D. I only found that out from the HPI after I paid the deposit. However, I repeat that is not the issue. I did not cancel the purchase or have any intention of doing so. The Dealer rescinded because, I suspect he had another willing to pay more than the price we had agreed. In other words, I've been gazumped.

Spicy_McHaggis

jstvj wrote: »

The Dealer advertised the details of the insurance claim but failed to disclose that it was recorded as Cat D. I only found that out from the HPI after I paid the deposit. However, I repeat that is not the issue. I did cancel the purchase or have any intention of doing so. The Dealer rescinded because, I suspect he had another willing to pay more than the price we had agreed. In other words, I've been gazumped.

Why didn't you read the hpi before paying a deposit?

After all it was in front of you when you signed.

jstvj

Spicy_McHaggis wrote: »

Why didn't you read the hpi before paying a deposit?

After all it was in front of you when you signed.

I only ordered the HPI once I had the Reg number and once I had returned home. Again, I repeat the Cat D is/was not an issue, except that he should have declared it. I'm absolutely sure he was aware of the Cat D and had no excuse for not declaring it.

Spicy_McHaggis

jstvj wrote: »

I only ordered the HPI once I had the Reg number and once I had returned home. Again, I repeat the Cat D is/was not an issue, except that he should have declared it. I'm absolutely sure he was aware of the Cat D and had no excuse for not declaring it.

Why pay for an hpi after paying out your money? :wall:

In future do it before you pay.

colino

For absolute clarity, a trader has to proactively disclose details that would affect a customers buying decision. If it has a recorded insurance claim, they know it has been a taxi or a driving school car, etc., they must proactively tell the prospective buyer.
Even Autotrader, on its downward slope is automatically flagging up cats on adverts.


Only genuine private sellers are allowed the right to wait until asked, but then they have to be fully honest too.

jaydeeuk1

colino wrote: »

For absolute clarity, a trader has to proactively disclose details that would affect a customers buying decision. If it has a recorded insurance claim, they know it has been a taxi or a driving school car, etc., they must proactively tell the prospective buyer.
Even Autotrader, on its downward slope is automatically flagging up cats on adverts.


Only genuine private sellers are allowed the right to wait until asked, but then they have to be fully honest too.

A good tip I was told is if you're buying a car privately or from ebay etc, get the reg number and go to list the car for sale on autotrader, and it will flag up if its cat d, c etc. Not sure its as accurate as a proper hpi check, and obv it doesn't check for finance, markers etc, but useful for those who really can't be arsed to do proper due diligence.