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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70516
Experience:  Over 5 years in practice
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I have just bought a car for £620, the man who sold it to me

Resolved Question:

I have just bought a car for £620, the man who sold it to me sold it with 12 months m.o.t.
but omited to tell me it had been in an accident in 2008 and the insurance company had
rated it as class C i.e. beyond economical repair as far as they were concerned.
When i collected the car from a small service station. the man i bought the car from was
in the process of repairing? two other vehicles.
Now i do not know if he earns his living rebuilding cars.or if it is just a hobby!
What i would like to know please have i any redress because he did not inform me of the accident and it being a C rated car.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are there any faults with the car?
Customer: replied 3 years ago.

After lifting the bonnet it is obvious that an amount of metal has been cut away from the original front surround of the frame of the car.


However i must stress that the vehicle was checked about two months after the accident,and passed fit for purpose having had a new V.I.C.check.


My query is are you allowed to sell C accident damaged vehicles, albeit


without informing the new keeper of that vehicle of a previous status of said vehicle thank you.

Customer: replied 3 years ago.

I sent you a full answer it shows on my screen


Regards Phil.

Expert:  Jo C. replied 3 years ago.
Sorry, I was travelling home.

There is no obligation at all to disclose a write off. Write off categories do give rise to other obligations but not to disclose.

Obviously Cat A and B should never be returned to the road.

Cat C and D are entirely different though. Cat C just means that is suffered major damage but can be safely repaired.

If it has been safely repaired then it can be sold as normal. There is no obligation to disclose.

If you had asked him directly whether it had been a write off and he had answered untruthfully then you would have a claim in misrepresentation.

if there are faults with the car that render it unfit for purpose within the meaning of the Sale of Goods Act then you would have a claim against him. The fact that the car has passed an MOT does not necessarily mean it complies with the SGA actually but it does give rise to that inference.

I'm very sorry if this is bad news.

Can I clarify anything for you?

Jo
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