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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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I recently bought a car from "the car shop" i have just

Resolved Question:

I recently bought a car from "the car shop" i have just received the log book and seen that the 1 owner turns out to be a fleet hire company.
Before buying i only asked how many owners, not who they were. although we are pleased with the vehicle and nothing apparent is wrong with it we feel somewhat cheated and concerned this may affect resale value. is it lawful to withhold this information?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.

No.

If you asked how many owners there were and they answered truthfully then there is no obligation to disclose the identity or nature of the previous owner.

Expert:  Jo C. replied 1 year ago.

This would not amount to misrepresentation.

It is not untruthful or misleading. It is an accurate answer to the question.

Expert:  Jo C. replied 1 year ago.

If you had asked directly and they had answered untruthfully or in a misleading way then that would be different.

I'm very sorry if that is bad news.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
in future, i need to ask who the previous owner was? and not how many
Customer: replied 1 year ago.
we're done. thanks for your help
Expert:  Jo C. replied 1 year ago.

Yes, it is about asking really specific questions. The law of misrepresentation is generally engaged then.

Customer: replied 1 year ago.
Jo, sorry but i've just read a quote from the trading standards lead officer for the motor trade as saying " the dealer is legally obliged to draw attention to ex rentals.failure to do so could mean prosecution" ?
Expert:  Jo C. replied 1 year ago.

I'm sorry but I cannot agree with that at all.

It is just not misrepresentation to answer a question like 'How many previous owners' by saying 'One' if that is the truth.

Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
OK, thanks again. Going to contact trading standards anyway.
Regards
Colin