Car Part Exchange problem

roddydogs

Seems to be a lot of car swapping going on, and even a back street dealers usually work on a minimum 2K profit

motorguy

The dealer does NOT have a case against your son.

The dealer is deemed the "expert" and as such should be doing whatever checks necessary before purchasing the car.  Chances are they'd be laughed out of court.

BUT, that wont necessarily stop them trying.  Personally, i'd be claiming no knowledge of it, directing them back to their due diligence checks and suggesting they review those.  If they persist direct them to your solicitor

motorguy

couriervanman said:

I think the car dealer has a very good case against your son

Can you direct us to evidence of that?

jaybeetoo

What forms were signed when the car was exchanged?  When I’ve done a part-ex I’ve had to sign a form to declare if the car has been involved in an accident.

If you’ve signed a similar form while knowing the car has been in an accident, you’re in a difficult position.

motorguy

jaybeetoo said:

What forms were signed when the car was exchanged?  When I’ve done a part-ex I’ve had to sign a form to declare if the car has been involved in an accident.

If you’ve signed a similar form while knowing the car has been in an accident, you’re in a difficult position.

With respect, that wont stand up in court.  Its not up to a private individual to know the total history of a car and warrant it, its up to the dealer to do their due diligence to find it out.

If the dealer hasnt done an HPI - which its fairly clear they didnt at the time - then thats game over for them.

jaybeetoo

I’m not saying the seller should know the full history or warrant it.  I’m saying if they did know about the accident but didn’t declare it when asked by the buying dealer, then they were lying.

almillar

Someone said the V5 will mention the Cat S on it. At what point did the dealer see/inspect it? Before agreeing the deal, or after? They don't have to waste their money on HPI for write offs if they actually read the V5!

motorguy

jaybeetoo said:

I’m not saying the seller should know the full history or warrant it.  I’m saying if they did know about the accident but didn’t declare it when asked by the buying dealer, then they were lying.

That may well be a statement of fact, however unless the O/P has been dumb enough to admit that in writing, theres no way it would ever stand up in court.

The motor trader will be deemed the expert.