Sale agreed on car prior to flood damage

VolvoMan

I have a relative who has an '06 M-Class (new model) that she had just agreed a sale on before the floods last week. A few days after when she was driving she stopped at the side of the road to give someone a hand who needed help with their car. She had left the door open when she got out and water then came up and flooded the interior.

I believe there is now a bit of electrical damage to the inside and it is currently in being repaired at her expense. I was thinking of suggesting to her not to bother at all and just make an insurance claim on the whole car, as we all know that flood damage is really the end of most modern cars. I am also not sure whether she has told (or is going to tell) the new owner of what has happened.

What do people think?

L-M

Fix it, inform the new owner, if they back out, accept it.

Then resell it.

Sobanek

Well, she can just reffer to the law of contract:

Termination of an offer
An offer can be terminated if:
- It is rejected by the offeree.
- Revoked by an offerer

She didn't sell the car yet.

unkel

Tell the buyer and ask them what they would like to do. If they still take the car as is (minus a discount obviously), or after you have it fixed, that's great

If they don't want it anymmore, I wouldn't bother trying to fix / sell it to someone else, but would just claim on the insurance

Doom

Is it illegal to knowingly sell faulty goods?

subway

"contract" unenforceable.
It's up to buyer if they want to make a new offer. Don't expect them to.

VolvoMan

unkel wrote: »

Tell the buyer and ask them what they would like to do. If they still take the car as is (minus a discount obviously), or after you have it fixed, that's great

If they don't want it anymmore, I wouldn't bother trying to fix / sell it to someone else, but would just claim on the insurance

That's probably what I'm going to suggest to do.

I personally wouldn't sell a flood damaged car to anyone. Somehow I think she thinks it's OK though if she gets it repaired and says nothing.

stevendon

She's better off being up front about the water damage. I'm sure the person who viewed/bought it would notice new carpet, parts etc. when they come to collect it.

bazz26

Telling the buyer is the right thing to do. Karma and all that too.

VolvoMan

bazz26 wrote: »

Telling the buyer is the right thing to do. Karma and all that too.

The person who is selling it wouldn't intentionally do anyone a bad turn. I think she is just naieve in the fact that she thinks if she fixes it then all will be OK.

It would be scum of the earth behaviour to not inform the potential buyer of the incident, naivety is no excuse for that in my book. Electrical damage in an 06 M class, even when sorted in good faith there could be issues further down the line.

-Chris-

VolvoMan wrote: »

The person who is selling it wouldn't intentionally do anyone a bad turn. I think she is just naieve in the fact that she thinks if she fixes it then all will be OK.

But you've explicitly advised her otherwise, so she can't really claim to be naive any more.

lomb

Probably just got the seat airbag plugs, I wouldnt worry about it if it was fresh water.
My car was flooded inside for a while, with a few inches of water sloshing about under the seats after rain due to defective door seals. The seat rails are now rusty and that is the only hint of it. In the same vein I drove through some deep floodwater next to a river and the car started floating. I carried on with my foot to the floor. Should I inform any purchaser of that even though Ive clocked 10000 trouble free miles on it?

L-M

lomb wrote: »

Probably just got the seat airbag plugs, I wouldnt worry about it if it was fresh water.
My car was flooded inside for a while, with a few inches of water sloshing about under the seats after rain due to defective door seals. The seat rails are now rusty and that is the only hint of it. In the same vein I drove through some deep floodwater next to a river and the car started floating. I carried on with my foot to the floor. Should I inform any purchaser of that even though Ive clocked 10000 trouble free miles on it?

No

lomb

lomb wrote: »

.............. In the same vein I drove through some deep floodwater next to a river and the car started floating. ...............

Really? As in floating.

Dilbert75

Surely a piss-take. :rolleyes: How could you have a car floating and maintaining drive at the same time?

Dilbert75

Dilbert75 wrote: »

Surely a piss-take. :rolleyes: How could you have a car floating and maintaining drive at the same time?

Hence why I'm asking :P

Absurdum

VolvoMan wrote: »

What do people think?

trade it in

lomb

RoverJames wrote: »

Really? As in floating.

Could feel it 'rocking' on the water. The chassis must have been floating. Heres a video of the area I drove through.

http://www.youtube.com/watch?v=6c1Uo-b_bVs
http://www.youtube.com/watch?v=M859AjEVFa0

lomb

Dilbert75 wrote: »

Surely a piss-take. :rolleyes: How could you have a car floating and maintaining drive at the same time?

Because just as the water lifted it it must have sunk enough for the wheels to grip:D Lucky for me too:)

VolvoMan

-Chris- wrote: »

But you've explicitly advised her otherwise, so she can't really claim to be naive any more.

I heard the information second hand. I haven't had any direct contact with her yet.

I found out this evening however that she has been in touch with the buyer and it is a person she knows that she is selling it to, so it's unlikely that she'll fcuk them over.

Dilbert75 wrote: »

Surely a piss-take. :rolleyes: How could you have a car floating and maintaining drive at the same time?

I don't know, I wasn't there to see it.

Delancey

Not 100% certain an insurance claim is straightforward in these circumstances , insurers will ask if vehicle has been for sale immediately prior to the damage - I presume this is an anti-fraud measure.

A claim on a car that was recently for sale may attract close scrutiny ?

cargo

lomb wrote: »

Could feel it 'rocking' on the water. The chassis must have been floating. Heres a video of the area I drove through.

http://www.youtube.com/watch?v=6c1Uo-b_bVs
http://www.youtube.com/watch?v=M859AjEVFa0

It wasn't an Actros you were driving by any chance?

Joey the lips

Act of god. Contract is not enforcable i imagine.

VolvoMan

Joey the lips wrote: »

Act of god. Contract is not enforcable i imagine.

So would the same go for everyone who had a car or property damaged by the floods?

L-M

Joey the lips wrote: »

Act of god. Contract is not enforcable i imagine.

What you spelled Silence incorrectly beneath your username or is Silance a word, lol.

Sorry for the OT post.

galwaytt

VolvoMan wrote:

The person who is selling it wouldn't intentionally do anyone a bad turn. I think she is just naieve in the fact that she thinks if she fixes it then all will be OK.

Indeed. I know someone who had their 06 M Class written off for flood damage: water ruined the electrics and gearbox control unit.