What are my duties when I sell a car that was previously written off and repaired?

101Stephen

What are my duties when I sell a car that was previously written off and repaired?

CIARAN_BOYLE

are you a business or is it a private sale.

101Stephen

I am private seller

punisher5112

Hi, you must tell any potential buyer as you are aware of its history.

If you sell knowingly then they have a come back on you and could end up costly towards you.

How badly damaged by the way.

101Stephen

in what way I have to tell, do I txt a potential buyer before the transaction or do I write a statement or shall I mention it verbally (does it count at all)?

parts replaced were: rear bumper and passenger side doors (no fracture to the chassis)

punisher5112

I have sold a few which I had previously driven and sold at some point.

Had a side on collision where car hit my jeep and fixed it and let the new owners know even pictures and had no problem selling even at the close to market rate as it was in good condition.

You have to state any previous serious damage if you are aware of it.

101Stephen

If the car has been fully repaired do I still have a legal duty to say about the car being written off and repaired if the buyer don't ask ?

Arthur Beesley

101Stephen wrote: »

If the car has been fully repaired do I still have a legal duty to say about the car being written off and repaired if the buyer don't ask ?

Yes. Quite clear from above.

Are you just going to keep asking until one person says no?

101Stephen

Arthur Beesley wrote: »

Yes. Quite clear from above.

Are you just going to keep asking until one person says no?

Thanks - No -

What way I can prove that if I say verbally it was told?

101Stephen

If I write a piece of paper with an information and get the buyer to sign it to acknowledge it - would it be the correct way?

PLUG71

101Stephen wrote: »

Thanks - No -

What way I can prove that if I say verbally it was told?

If they buy it give them a written receipt!

101Stephen

PLUG71 wrote: »

If they buy it give them a written receipt!

I'm not self employed, not sure if I'm entitled to give a receipt,

the value of the car will be written in the log book (there is a space for this).

but let's say that I will make one, then what should I write on the receipt?

just a date, reg, model, price -

should I write on the receipt that car was damaged and repaired prior to sale?

PLUG71

101Stephen wrote: »

I'm not self employed, not sure if I'm entitled to give a receipt,

the value of the car will be written in the log book (there is a space for this).

but let's say that I will make one, then what should I write on the receipt?

just a date, reg, model, price -

should I write on the receipt that car was damaged and repaired prior to sale?

Correct me if im wrong here!

Is the onus not on the viewer to check the history?

Is there a legal obligation on the seller to volunteer the information?

Just asking guys, I would put it on the advert, However i'm a little too honest sometimes!

101Stephen

well another question I have here. Actually I may have made a wrong subject of the question here, how do I know if my car was actually written off or not?

It was in a collision while I had it but I have not received anything in writing that it has been written off?

The fact is that while it was in collision while I had it I discovered that the previous owner was in a collision.
Insurance company staff told me that the value will be bit lower due to fact that it was written off previously, but I haven't received anything in writing)

101Stephen

the cartell.ie tells me this:

ROADWORTHINESS* CURRENT The vehicle is not currently recorded as scrapped or written off. *Source
National Vehicles File

the buyer didn't ask about the history.

Is the onus on me to say it up front that the car was in collision?

Is the onus on me to say about previous owner's collision?

PLUG71

101Stephen wrote: »

the cartell.ie tells me this:

ROADWORTHINESS* CURRENT The vehicle is not currently recorded as scrapped or written off. *Source
National Vehicles File

the buyer didn't ask about the history.

Is the onus on me to say it up front that the car was in collision?

Is the onus on me to say about previous owner's collision?

Well it looks like its NOT recorded as a being written off so imo it should be valued as normal vehicle!

Once again I may be wrong!??

Little CuChulainn

The term written off is an insurance term for when the vehicle is damaged to a point where it would not be economical to repair it. Forget about that term. Just explain the nature and extend of previous damage and repairs and let them look it over. Once you've been honest you don't really have anything to worry about. You can have this in writing and get them to sign it. You can also give a receipt for the money received which references the disclosure. It doesn't have to be anything official.

101Stephen

should I give them a receipt for the repairs as well or is it not necessary?

Little CuChulainn

101Stephen wrote: »

should I give them a receipt for the repairs as well or is it not necessary?

Up to you. I wouldn't. If they came back saying I told them something had been repaired and they don't think it has them I would show the receipt.

PLUG71

101Stephen wrote: »

should I give them a receipt for the repairs as well or is it not necessary?

Yeah why not?

Its all history!!

Pro Hoc Vice

punisher5112 wrote: »

Hi, you must tell any potential buyer as you are aware of its history.

If you sell knowingly then they have a come back on you and could end up costly towards you.

How badly damaged by the way.

As it's a private sale and as long as their is no dangerous defect then it is
caveat emptor. But if it was me and I was happy with the repair I would personally volunteer it by producing copies of the repair bill and the motor assessors report. It would in my opinion not be wise to sell such a car unless such a report was received after repair as the car may in fact be dangerous.

meathstevie

"Written off" is not a legal concept but a financial or technical one. In a financial sense it essentially means not possible to repair in an economically justifiable way as in for example 3.5k worth of repairs on a car worth 1k. In a technical sense it's simply too banjaxed to be able to fix it.

Strictly speaking in a private sale it's buyer beware but it's no harm to disclose when asked that for example skillful repairs have been carried out on some minor body damage.

And yes you can write a receipt, you don't have to be in business to write a note saying that Mr ABC bought XYZ from you for amount 123.