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I bought a Jaguar XJ which I have found was damaged before I bought it. Can I reject it?

I bought a Jaguar XJ from a main dealer in June 2010. I have since established that the car had accident damage prior to my purchase. I was not informed of this when I asked if it had had any accidents. I would not have bought this car if I had been told it had been damaged and repaired. Can i return the car and get a refund?

Asked on 11 September 2010 by welshroger

Answered by Honest John
Yes you can. In theory, anyway. The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) contains 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. www.berr.gov.uk/whatwedo/consumers/buying-selling/...l , www.opsi.gov.uk/si/si2002/20023045.htm and www.consumerdirect.gov.uk

This creates 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. As far as I know this has yet to be tested in court and there are no case precedents. As soon as there are and I am made aware I will include them. More at: www.honestjohn.co.uk/faq/consumer-rights
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