car involve in flood

ivabiggon

if a car dealer knew a vehicle was involved in a flood and failed to tell me would i have any comeback. i have only discovered this when i brought the vehicle home and had someone look at it closer, also the vehicle was sold as seen.

234

It all depends on the actual condition of the car, whether it functions properly as a car and what quesitons you asked when buying it. Here's the Sake of Goods and Supply of Services Act 1980 which would cover the transaciton. If you are considering taking any action then speak to a solicitor. There is other legislation in this area that they would also make you aware of.

seamus

ivabiggon wrote: »

also the vehicle was sold as seen.

"Sold as seen" really only refers to the appearance of the item rather than the actual condition of it. If a vehicle has a fault which was not revealed at the time of sale, then the seller is liable.

For cars, the buyer cannot be expected to have sufficient mechanical knowledge/experience to identify possible problems with the vehicle, so even if they had a test drive, the seller still has an obligation to the buyer. All vehicles sold must be in a roadworthy condition. The best measure of this is whether the vehicle would pass the NCT in the condition that it was sold. If not, then the seller is obliged to repair whatever problem there is.

If the vehicle has serious damage as a result of the flood which would have to be fixed or replaced, then it's up to the seller.

If it's cosmetic damage which doesn't have to be fixed, then perhaps, but maybe not.

ivabiggon

seamus wrote: »

"Sold as seen" really only refers to the appearance of the item rather than the actual condition of it. If a vehicle has a fault which was not revealed at the time of sale, then the seller is liable.

For cars, the buyer cannot be expected to have sufficient mechanical knowledge/experience to identify possible problems with the vehicle, so even if they had a test drive, the seller still has an obligation to the buyer. All vehicles sold must be in a roadworthy condition. The best measure of this is whether the vehicle would pass the NCT in the condition that it was sold. If not, then the seller is obliged to repair whatever problem there is.

If the vehicle has serious damage as a result of the flood which would have to be fixed or replaced, then it's up to the seller.

If it's cosmetic damage which doesn't have to be fixed, then perhaps, but maybe not.

thanks for that, where can i see the legislation re the first part of your answer, i.e. "only refers to the appearance of the item rather than the actual condition of it."

thank appreciated the reply.

seamus

ivabiggon wrote: »

thanks for that, where can i see the legislation re the first part of your answer, i.e. "only refers to the appearance of the item rather than the actual condition of it."

There wouldn't be any actual legislation to cover "sold as seen" with the exception of the Sale of Goods Act above.

The relevant part is that the goods must be "as described". So if they are being sold with you having been allowed to inspect it, then the "description" is what you can see with your eyes. Any material facts which affect this and which cannot be seen on inspection, means that the item sold is not "as described".

If it was the subject of flood damage, then seller would be obliged to reveal that fact.

http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Buying-a-car/responsibilities.html

Withholding, omitting or concealing any material information regarding the main characteristics of a car is also an offence.