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Crashed Cars

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  • 15-06-2006 12:36pm
    #1
    Padwick
    Closed Accounts Posts: 81 ✭✭


    Not sure if this is the right section but I was just wondering what rights a buyer has if he bought a crashed car from a garage and they didn't inform the buyer?
    I've contacted consumer affairs too but still awaiting a reply.
    Thanks.


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    #2
    jhegarty
    Registered Users Posts: 6,438 ✭✭✭jhegarty


    Padwick wrote:
    Not sure if this is the right section but I was just wondering what rights a buyer has if he bought a crashed car from a garage and they didn't inform the buyer?
    I've contacted consumer affairs too but still awaiting a reply.
    Thanks.


    did you ask if it had been crashed ?


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    #3
    Padwick
    Closed Accounts Posts: 81 ✭✭Padwick


    Just got cops to check previous owners too and got a call back to say that the garage I bought the car from, purchased the car from a crash salvage company in Co. Tipperary.


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    #4
    jhegarty
    Registered Users Posts: 6,438 ✭✭✭jhegarty


    Padwick wrote:
    Just got cops to check previous owners too and got a call back to say that the garage I bought the car from, purchased the car from a crash salvage company in Co. Tipperary.


    You deleted the post where you say you didn't ask. Its not good news if you didn't ask. From http://www.odca.ie/cfmdocs/c_query/motor.cfm

    Consumer purchases a car which had been badly damaged in a crash but was not informed of this by the dealer.

    * Generally, if the consumer did not ask if the car was ever in a crash, or, if they did not have the car checked out by a reputable person before making the purchase, then they could be in a weak position legally in seeking redress (i.e. Caveat Emptor-Buyer Beware).
    * The seller is under no obligation to offer up information, but if they are asked specific questions, the information they give must be correct.
    * Consumers who find themselves in this situation should be strongly advised to consider taking legal advice in the matter.



    N.B. If the car was sold in an unroadworthy state, without the consumer being informed, there may be a breach of both the Sale of Goods & Supply Services Act, 1980 and the Traffic Road Act and the consumer could report this to Gardai.


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    #5
    Padwick
    Closed Accounts Posts: 81 ✭✭Padwick


    I did ask but it was only verbally. I never got it in writing, which most likely amounts to not asking.


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    #6
    John R
    Registered Users Posts: 4,107 ✭✭✭John R


    As long as the car was repaired and in good condition when you bought it then there's nothing you can do. As said if they had lied about the history then you would have a case.


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    #7
    unkel
    Registered Users Posts: 65,226 ✭✭✭✭unkel
    Chauffe, Marcel, chauffe!


    What jhegarty said ^^^

    If the car is fully roadworthy, the dealer is under no obligation to disclose that it has been crashed. Oh, you did ask but only verbally. Then it's your word against the dealers. Won't get you very far I would have thought...


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    #8
    Padwick
    Closed Accounts Posts: 81 ✭✭Padwick


    John R wrote:
    As long as the car was repaired and in good condition when you bought it then there's nothing you can do. As said if they had lied about the history then you would have a case.

    The car hasn't been great. I've had it back to them already to repair a dodgy door window (on the side it was crashed) and I had a problem with it pulling left. They informed me that the pull to the left was because of the alloys, but now that I've got it checked by a panel beater it is being caused by the front right wheel (that was hit) being an inch further back than the left. The bonnet and right wing are also slightly different colors than the rest of the car I've been told but I can't see it.


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    #9
    gyppo
    Registered Users Posts: 1,648 ✭✭✭gyppo


    Going by what your panelbeater has told you, the car is not correctly repaired as the steering geometry is incorrect, and therefore unroadworthy.

    Therefore as jhegarty has pointed out, under the Sale of goods act 1980, it is not fit for the purpose required.

    I agree with the other posters - the onus is on the buyer to ask all the pertinent questions. It is always a good idea to have another person with you when asking these questions.

    Is the vendors garage a member of the SIMI? If so, I would contact the SIMI immediately. Otherwise if the garage is not an SIMI member, I would talk to my solicitor.


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    #10
    Guy:Incognito
    Registered Users Posts: 38,247 ✭✭✭✭Guy:Incognito


    Was it through an nct since it was repaired?

    If it was could the garage say "the government say it's roadworthy, so fup off"?


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    #11
    leeroybrown
    Closed Accounts Posts: 7,563 ✭✭✭leeroybrown


    Stekelly wrote:
    Was it through an nct since it was repaired?

    If it was could the garage say "the government say it's roadworthy, so fup off"?
    It's highly unlikely it would have gotten close to passing an NCT with the steering geometry in a mess like that.


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    #12
    colm_mcm
    Registered Users Posts: 73,439 ✭✭✭✭colm_mcm


    My car passed an NCT with a twisted wishbone, front left wheel was 3-4 inches behind the right one, but tracking was adjusted. got it changed afterwards, but the NCT won't pick up a lot of that


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