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I unwittingly took a clocked Mazda 6 in part-exchange and sold it on - am I liable?
I'm a used car trader. I recently took a Mazda 6 diesel in part-exchange with my 2005 Renault Megane. The Mazda is showing 86,000 miles, which I wrote down on the receipt and the customer signed it. I bought this car as a guaranteed mileage. At the time of part-exchange I didn't check it because he was my old customer and I trusted him.
I sold the car to another customer, who later told me the car had been clocked. The mileage was 95,000 in 2008 and at an MoT in June 2009 the mileage was 71,000. The next MoT in June 2010 showed the mileage as 86,000 and then they sold it to me. Now the previous owner of the car who clocked does not want to enter into any agreement. I am really worried - what shall I do?
I sold the car to another customer, who later told me the car had been clocked. The mileage was 95,000 in 2008 and at an MoT in June 2009 the mileage was 71,000. The next MoT in June 2010 showed the mileage as 86,000 and then they sold it to me. Now the previous owner of the car who clocked does not want to enter into any agreement. I am really worried - what shall I do?
Asked on 1 August 2010 by ewood
Answered by
Honest John
You are liable for not showing due diligence in checking the mileage of the car. So you have to refund your customer. You can then sue the customer who defrauded you.
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