Bought a second hand car from a dealer who was dishonest about its history

NCP103

Hi All,

 

I'm looking for some advice on what to do next after purchasing a second hand car from a car dealer and finding out that the vehicle history doesn't quite line up with what I was lead to believe. 

The vehicle has a mileage of 80k, with an almost complete service history: the gap being between 51k and 80k in the service manual with no additional paperwork. I was told after specifically enquiring about this, that the previous owner chose to service the vehicle at home, and had been through a complete service with the dealer's garage prior to sale. The overall condition of the vehicle seemed good, and they appeared to be a dealer that valued their reputation, so I took them at face value. 

Since receiving and paying for the vehicle however, within the stack of papers I find a service report at 70k carried out with a long list of advisories relating to the poor condition of the springs, wishbones and other chassis components on the car that were not replaced that will cost me alot of money to sort out. That report was deliberately removed at the time of negotiating a price and hence the info not considered prior to settling. 

I am wondering if I have any grounds, legal or otherwise at this point to protest this now that the purchase is complete. Some may argue that it's up to me to ensure that the condition is up to standard prior to sale, which I can see the angle from. However, I also think it's very underhand to withdraw known information about the condition of the vehicle prior to sale, particularly from a retailer. I wonder if there is any legal obligation to disclose such info. 

Your advice, thoughts, experiences are welcome.

Thanks

shiraz99

NCP103 said:

Hi All,

 

I'm looking for some advice on what to do next after purchasing a second hand car from a car dealer and finding out that the vehicle history doesn't quite line up with what I was lead to believe. 

The vehicle has a mileage of 80k, with an almost complete service history: the gap being between 51k and 80k in the service manual with no additional paperwork. I was told after specifically enquiring about this, that the previous owner chose to service the vehicle at home, and had been through a complete service with the dealer's garage prior to sale. The overall condition of the vehicle seemed good, and they appeared to be a dealer that valued their reputation, so I took them at face value. 

Since receiving and paying for the vehicle however, within the stack of papers I find a service report at 70k carried out with a long list of advisories relating to the poor condition of the springs, wishbones and other chassis components on the car that were not replaced that will cost me alot of money to sort out. That report was deliberately removed at the time of negotiating a price and hence the info not considered prior to settling. 

I am wondering if I have any grounds, legal or otherwise at this point to protest this now that the purchase is complete. Some may argue that it's up to me to ensure that the condition is up to standard prior to sale, which I can see the angle from. However, I also think it's very underhand to withdraw known information about the condition of the vehicle prior to sale, particularly from a retailer. I wonder if there is any legal obligation to disclose such info. 

Your advice, thoughts, experiences are welcome.

Thanks

Can you prove that this documentation was withheld from you prior to the sale? If it was and you can show this then yes you have a case to reject the car for a full refund (I'm assuming that it's still within 30 days of your purchase).

oldagetraveller1

You don't write how old the car is.

Were those advisories in the M.o.T history when you checked it?

bris

Advisories are exactly that. not dangerous but recommended for improvement. They would have been picked up quicker if you had someone tpo look over the car before you bought it.

The age and mileage need to be taken into consideration before buying a second hand car.

Since the car at this point isn't actually faulty you are not in a great position unless you were deliberatly lied to.

Not disclosing advisories is not a lie though so you can't focus on that.

prowla

It's always an idea to check the MOT history of a car you're considering buying.

I did that with one and found the mileage had dropped at one point; I think it may have had a new instrument panel (Renault LCD).

Years later I've still got that car!

NCP103

shiraz99 said:

Can you prove that this documentation was withheld from you prior to the sale? 

Not explicitly no, I don't see how I can. I know that piece of papee wasn't in the original stack.

As mentioned, I asked directly why there was a service gap and they gave me a story. If they didn't know then it wouldn't have been removed.

DE_612183

when did you buy the car?
what are you looking for - some sort of refund? Full return?

NCP103

bris said:

Advisories are exactly that. not dangerous but recommended for improvement. They would have been picked up quicker if you had someone tpo look over the car before you bought it.

The age and mileage need to be taken into consideration before buying a second hand car.

Since the car at this point isn't actually faulty you are not in a great position unless you were deliberatly lied to.

Not disclosing advisories is not a lie though so you can't focus on that.

These were advisories for poor condition components on the car from a general service not MOT. It's true they're not an immediate danger as it's passed its MOT, however I should have been aware during the sales process to allow me to consider all of the info + make a valid offer should I choose to.

NCP103

DE_612183 said:

when did you buy the car?
what are you looking for - some sort of refund? Full return?

At this point I'm trying to figure out my rights and what is actually possible. Compensation towards fixing the components might be a solution, but seems unlikely. Before I approach, I'm trying to figure out where I stand.

The car was delivered yesterday.

Jenni_D

I can't remember exactly where it is mentioned, but I'm sure there's something in consumer legislation that says that a seller commits an offence if they withhold or misrepresent information that may influence a consumer's buying decision. Hiding away a document like that and spinning a yarn re. the service gap would certainly fall within such an "offence". (IMHO)

ThumbRemote

Consumer Protection from Unfair Trading Regulations. Section 6, "Misleading Omissions" https://www.legislation.gov.uk/uksi/2008/1277/regulation/6/made

"A commercial practice is a misleading omission if ... the commercial practice omits material information ... and as a result it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise."

I agree with Jenni_D above, this is an offence under this act. 

What remedy do you want? A price reduction, or a full refund? You need to decide what you're going to request.