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Is it legal for a dealer to sell a car, which he knows has been in an accident, but doesn't tell the buyer?
I bought a 2015 used Ford Fiesta from a Honda dealer, but it's developed a noisy engine on start up. I returned it under warranty three month later, but they failed to fix it. They did not disclose the car was still covered under manufacturer warranty. As they did not repair it and I was not happy with the car, I was offered a value that they said took into consideration fair usage (£690 for three months) and I traded the car for another paying an additional £1000. The new car developed a fault and on return to the garage, the original Fiesta was again on sale at the original price I purchased it. I'm not aware if it's been repaired or if they are selling it with the same fault. Can I claim for lost expenditure, which would not have been incurred had they repaired it or took it to the manufacturer for repair? I have also since found out my new car has been in an accident with two nearside doors being repaired. The dealer was informed of this by the previous owner (I have spoken to the previous owner), but it wasn't disclosed to me. The dealer told me it was illegal to phone the previous owner as well.
Asked on 22 June 2018 by T South
Answered by
Honest John
The dealer advertised price of the first Fiesta is irrelevant. They might not get that price. And they remain liable for any faults with the car. The dealer committed an offence by not disclosing to you the prior accident damage on the second car. See: www.honestjohn.co.uk/faq/consumer-rights
And specifically: The Consumer Protection from Unfair Trading Regulations May 2008 (CPRs) incorporate The Sale and Supply of Goods to Consumers Regulations 2002 and contain a general prohibition against unfair commercial practices and, in particular prohibitions against misleading actions, misleading omissions and aggressive commercial practices. The Regulations are enforceable through the civil and criminal courts. These create an offence of misleading omissions which would not previously have been an offence if the consumer had not asked the right questions. So if a salesman knows a car has, for example, been badly damaged and repaired and does not tell the customer, he could later be held liable if the customer subsequently discovered that the car had been damaged and repaired.
And specifically: The Consumer Protection from Unfair Trading Regulations May 2008 (CPRs) incorporate The Sale and Supply of Goods to Consumers Regulations 2002 and contain a general prohibition against unfair commercial practices and, in particular prohibitions against misleading actions, misleading omissions and aggressive commercial practices. The Regulations are enforceable through the civil and criminal courts. These create an offence of misleading omissions which would not previously have been an offence if the consumer had not asked the right questions. So if a salesman knows a car has, for example, been badly damaged and repaired and does not tell the customer, he could later be held liable if the customer subsequently discovered that the car had been damaged and repaired.
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