Query about a trade in

ladybird123

Hi guys
Just wondering if anyone has any advice on this or might have come across a similar situation in the past...
This week I traded in my car for a newer one - different make and model. The garage I purchased it in evaluated my car and we agreed a price last weekend and I collected my new car yesterday morning and gave the garage a cheque for it. However, when I arrived home yesterday afternoon I got a call from the garage saying that the car I traded was coming up on insurance as a Class D Write Off and they had allowed too much when they valued it and now want more money from me.
I was aware that the car had been damaged in the past, but it was assessed by an insurance company when it was repaired and it was deemed roadworthy etc. I did not think to tell the garage this and they didn't ask when they evaluated the car. Obviously if they had asked I would have told them.
As far as I am concerned I have paid for and taken away my new car and left them my one, therefore the deal is done.
Are they allowed to now look for more money from me?

visual

By not disclosing is misrepresentation so yes the garage is entitled to ask for a cash adjustment. Same would apply if the car you bought was misrepresented.

seamus

If you were aware that it had been a class D write-off, then yes you would be required to disclose that information as it materially affects the valuation of the vehicle.

If you didn't know, then it's not your problem.

Caveat emptor does apply in most cases, but that's in relation to small problems - scratches, worn brakes, etc. Anything which affects the valuation of the vehicle in a big way - structural damage, a fncked engine, etc - you would be required to disclose, provided you are aware of them

Del2005

seamus wrote: »

If you were aware that it had been a class D write-off, then yes you would be required to disclose that information as it materially affects the valuation of the vehicle.

If you didn't know, then it's not your problem.

Caveat emptor does apply in most cases, but that's in relation to small problems - scratches, worn brakes, etc. Anything which affects the valuation of the vehicle in a big way - structural damage, a fncked engine, etc - you would be required to disclose, provided you are aware of them

A private seller doesn't have to volunteer information, a dealer does, they can't lie if asked a question. If the dealer didn't ask on a form or verbally it's their own fault for overpaying, pretty silly of a dealer not to do a history / finance check before buying a car.

colm_mcm

Standard order form that you normally sign has a question about if you knew about any damage repairs.

AltAccount

ladybird123 wrote: »

I was aware that the car had been damaged in the past, but it was assessed by an insurance company when it was repaired and it was deemed roadworthy

Did you know it was cat D?

Did the repairs happen while you owned the car, or did you know the full extent of the damages/repairs?

seamus

Del2005 wrote: »

A private seller doesn't have to volunteer information, a dealer does, they can't lie if asked a question. If the dealer didn't ask on a form or verbally it's their own fault for overpaying, pretty silly of a dealer not to do a history / finance check before buying a car.

Legally the private seller isn't specifically required to reveal information, but the buyer could privately prosecute the seller for fraud if they withhold information which they know materially affects the value of the item being purchased. It has to be a pretty major piece of information to withhold though. So not small things like, "The power button on the radio is broken", which the buyer would be free to discover before purchasing the vehicle.

It's a longshot, I can't see any garage actually doing this. However, as colm says the documentation for these things often includes relevant questions, which if you do not answer correctly do give the buyer legal comeback.