Trouble with car dealer

Boogeyman123

So last weekend I bought a car from a dealer. I traded my own against it. No financing on the new car or anything. Then today the garage ring me and tell me that they did a car tell on the car I had traded and found out it was crashed in the UK before, which I was unaware of, and that I either have to return their car or give them an extra €1500.

Just wondering if anyone knows my rights here. I am worried they will withhold the log book.

Purple Mountain

I'd do my own cartell check first if I was you.
How do you know they're telling the truth?

Del2005

Boogeyman123 wrote: »

So last weekend I bought a car from a dealer. I traded my own against it. No financing on the new car or anything. Then today the garage ring me and tell me that they did a car tell on the car I had traded and found out it was crashed in the UK before, which I was unaware of, and that I either have to return their car or give them an extra €1500.

Just wondering if anyone knows my rights here. I am worried they will withhold the log book.

A garage has to tell if the car was crashed. Do a history check yourself to see if you got ripped off when you bought it.

It it is crashed you either pay the extra or void the deal.

screamer

If it was crashed take it back and let them keep it. It will be worthless if you try to sell it on as too no one wants such a car.

monkeysnapper

Why couldn't garage do all these checks before transaction took place ....they are supposed to be a professional buisness ...most of us before we buy a private sale do our checks first .....

PsychoPete

monkeysnapper wrote: »

Why couldn't garage do all these checks before transaction took place ....they are supposed to be a professional buisness ...most of us before we buy a private sale do our checks first .....

Unless they had a buyer for it that done a history check then told the dealer it was crashed

Atlantic Dawn

Once they done the deal and didn't check fook all the fault is with them, these places should be shut down as they bring ****boxes in to the trade.

Purple Mountain

screamer wrote: »

If it was crashed take it back and let them keep it. It will be worthless if you try to sell it on as too no one wants such a car.

Nope, op is saying that the car the op traded in was found to be crashed before the op bought it originally.

Salary Negotiator

If the op has a receipt for the purchase then I don’t see any reason for him to do anything. Deal is concluded and if he didn’t purposefully hide the fact that the car was previously crashed then the onus is on the dealer to perform all necessary checks.

The dealer is, after all, the expert.

Plumbthedepths

Tell the garage you will facilitate them in an exchange but you require 500 euro for the inconvenience. If the car was crashed most likely it was a cat D basically , cosmetic. Another poster claimed a garage has to tell you a car was previously crashed soz to say but that's crap, I know this from personal experience . What amuses me is people thinking a dealership being SIMI registered affords then protection.
Long story short 'caveat emptor'. Buyer beware.

road_high

What is he legal standpoint here? I’ve never heard of anything like this happening as you’d expect the garage to give it a once over pre finalising any deal. After that I can’t see what the comeback would be?

Del2005

monkeysnapper wrote: »

Why couldn't garage do all these checks before transaction took place ....they are supposed to be a professional buisness ...most of us before we buy a private sale do our checks first .....

The OP didn't do a history check, twice, and the numerous threads here and other forums would suggest that the majority of people don't either.

Atlantic Dawn

road_high wrote: »

What is he legal standpoint here? I’ve never heard of anything like this happening as you’d expect the garage to give it a once over pre finalising any deal. After that I can’t see what the comeback would be?

Similar to a private person buying a stolen, clocked, crashed car as a result of not doing a single €20 check on the car they are buying, no comeback.

Plumbthedepths

Del2005 wrote: »

The OP didn't do a history check, twice, and the numerous threads here and other forums would suggest that the majority of people don't either.

Says it all when a dealer does a check after he/she signs off on a deal. They are the experts, after all.

biko

No-one is a solicitor here OP.
All advice is guesses and not legal advice.
Boards do not allow legal advice.

bazz26

I'd do nothing.

I'm no legal expert but imo they made the mistake of not running a history check prior to buying the car from you, a schoolboy error on their behalf given they are motor dealers whose profession is to buy and sell vehicles. Being experts in their field of buying and selling vehicles the onus would be on them to do due and proper diligence on any vehicle they take as a trade-in. They would also have to prove that you deliberately mislead them about the car's history which imo would be cancelled out by the fact that the history of the previous crash damage was easily available from a third party report which they didn't avail of prior to buying the car. Yes it's not a nice situation for them but the mistake was theirs, not yours.

They are trying to blow wind up your ass now by demanding another 1500 which I certainly wouldn't be giving them. You can probably forget about going back to them for any warranty work though.

The Satanist

Betcha the dealer is a portakabin in a yard type of outfit who changes name every 12 months. I reckon they are chancing their arm trying to get money out of you.

Any dealer with a clue would do their check before a deal is done, and they wouldn't go back harassing a customer like this.

If they continue to contact you, report the harassment to the garda.

road_high

The Satanist wrote: »

Betcha the dealer is a portakabin in a yard type of outfit who changes name every 12 months. I reckon they are chancing their arm trying to get money out of you.

Any dealer with a clue would do their check before a deal is done, and they wouldn't go back harassing a customer like this.

If they continue to contact you, report the harassment to the garda.

I’d block their number and move on with life. Up to them to do their homework. Surely they should do a basic set of checks before accepting a trade in. If not then their own look out

pippip

road_high wrote: »

I’d block their number and move on with life. Up to them to do their homework. Surely they should do a basic set of checks before accepting a trade in. If not then their own look out

He can only do that if they've sent the logbook, if they still have it he have to go legal approach to get it.

road_high

pippip wrote: »

He can only do that if they've sent the logbook, if they still have it he have to go legal approach to get it.

I don’t think the OP said either way did they?

pippip

road_high wrote: »

I don’t think the OP said either way did they?

Not yet, wonder can they just ring tax office and see.

Either way I don't think the dealer has a leg to stand on unless they can prove the op knew, which they didn't. I certainly wouldn't be bringing car back or handing over any money but they have to sort it out.

Boogeyman123

Hey so just to clarify it was the car I traded in that they are saying was crashed. I didn't do a car tell when I originally bought it so I'm not sure. I did one before buying the car from them.

I have not recieved the log book so I am worried that they will withhold that.

punisher5112

Boogeyman123 wrote: »

Hey so just to clarify it was the car I traded in that they are saying was crashed. I didn't do a car tell when I originally bought it so I'm not sure. I did one before buying the car from them.

I have not recieved the log book so I am worried that they will withhold that.

Do one on your previous car, state you were not aware it was crashed once this is true....

Anything after that is up to you.

If they don't put VLC through you can go a different route to getting it and you have to sign affidavit to state this.

If you were aware then that's on you whether you facilitate them
They should have checked previous to exchange to be honest and it does happen the best of us.

What are you thinking yourself.

elperello

Do you have a receipt ?

It's not unusual for someone who isn't in the trade to buy a repaired car without noticing anything amiss.
It is unusual for a dealer to walk himself into a situation like this.

Boogeyman123

Yeah I have a receipt and I also have a photocopy of the signed log book for the car I bought.

elperello

Boogeyman123 wrote: »

Yeah I have a receipt and I also have a photocopy of the signed log book for the car I bought.

Well then I would say sit tight.
Only a very foolish dealer would go to law over €1500 and make himself a laughing stock.

colm_mcm

What sort of dealer setup was it? What year was the car you traded in?

Boogeyman123

colm_mcm wrote: »

What sort of dealer setup was it? What year was the car you traded in?

It was fairly small. Portacabin in the corner and a yard that's about it.

It was a 2010.

punisher5112

Boogeyman123 wrote: »

It was fairly small. Portacabin in the corner and a yard that's about it.

It was a 2010.

Area???

2010 is 9 years old or there about.

Be better off buyinf private at that age...

colm_mcm

Car traded in was 2010 I’d day.

Boogeyman123

Yeah car I traded in was 2010

jus_tin4

monkeysnapper wrote: »

Why couldn't garage do all these checks before transaction took place ....they are supposed to be a professional buisness ...most of us before we buy a private sale do our checks first .....

Surely that would be just good business practise on part... i would t have thought a garage could really go back on it once they agreed it/took the balance? Not exactly your fault they didn’t do the proper checks...

punisher5112

Have you done a history check op?

What sort of money was spent and what were trade in costs.

Was the car a ball of SH1t or what...

Very vague..

Do a check come back with results, how long had you the car?

The Satanist

Are you a lady or someone who might not look like they know much about cars? (No offence)

I'd guess they're trying a bit of extortion. Ask them to put their demands in writing lol

colm_mcm

I’ve seen a thread almost identical to this one before.

punisher5112

colm_mcm wrote: »

I’ve seen a thread almost identical to this one before.

Denzel Washington? Deja vu

elperello

https://www.boards.ie/vbulletin/showthread.php?p=109823480

Was this the same car you traded that had €3,800 damage?

punisher5112

elperello wrote: »

https://www.boards.ie/vbulletin/showthread.php?p=109823480

Was this the same car you traded that had €3,800 damage?

Oh so they knowingly sold on a damaged repaired.....
Still think dealer fooked up though...

michellie

elperello wrote: »

https://www.boards.ie/vbulletin/showthread.php?p=109823480

Was this the same car you traded that had €3,800 damage?

Uh oh

The Satanist wrote: »

Are you a lady or someone who might not look like they know much about cars? (No offence)

:-|

monkeysnapper

Del2005 wrote: »

The OP didn't do a history check, twice, and the numerous threads here and other forums would suggest that the majority of people don't either.

Last October I was on verge of buying a car , agreed price and day I would be picking up and I told seller I would be doing a full online check and if that comes back ok sale would go ahead ....

Turned out the car had been stollen , was in a garda pursuit and crashed into wall ... not hugely damaged but I went to my local garda station to confirm this and it was correct ....

Youd be mad not to have cars checked out ....€15 euros is all it cost !!!!! 15 euro!!!! Nuts .

Boogeyman123

elperello wrote: »

https://www.boards.ie/vbulletin/showthread.php?p=109823480

Was this the same car you traded that had €3,800 damage?

Not the same car but thanks for your concern. The car that was crashed is my own and the car that was traded is my partners.

The garage are claiming that the car traded in was crashed in England before being imported.

colm_mcm

Worth maybe doing a check and seeing?

bazz26

It's very likely if the dealer didn't run a history check when taking it as a trade in, they wouldn't have ran a history check when selling it. I'd say a potential buyer ran a history check and then the penny dropped when mentioned to the dealer. Either way dealer should have done proper due diligence before accepting the car as a trade-in. The information was available to them but the chose not to check it. The OP is under no obligation to compensate them for their mistake imo.

STB.

Boogeyman123 wrote: »

Not the same car but thanks for your concern. The car that was crashed is my own and the car that was traded is my partners.

The garage are claiming that the car traded in was crashed in England before being imported.

So you bought the original car without doing a check on it and were not aware of its history (?). If so you traded it in, in good faith, same way as you bought it.

They only did the check after they agreed the trade in and sale of the new motor. Now they want an extra 1500 after the deal was done and are withholding the logbook on the new motor.

Is the older motor now in their name ?

elperello

Boogeyman123 wrote: »

Not the same car but thanks for your concern. The car that was crashed is my own and the car that was traded is my partners.

The garage are claiming that the car traded in was crashed in England before being imported.

That's ok.
You will understand why I asked.
Your reply clarifies the situation.

Marcusm

Boogeyman123 wrote: »

Not the same car but thanks for your concern. The car that was crashed is my own and the car that was traded is my partners.

The garage are claiming that the car traded in was crashed in England before being imported.

Is the garage asserting that the car you traded in was not roadworthy? If not, and on the basis that you sold it as a consumer not a business, they do not have any redress against you. If you were not aware of any UK crash, it's hard to see how even the most moralistic person could consider you owe them the steam emanating from your urine/!

FrankPoll.

Atlantic Dawn wrote: »

Similar to a private person buying a stolen, clocked, crashed car as a result of not doing a single €20 check on the car they are buying, no comeback.

What check is it?

Mad_Mike

FrankPoll. wrote: »

What check is it?

Numerous websites offering basically the same service...
cartell.ie, motorcheck.ie, myvehicle.ie, mywheels.ie etc etc

meathstevie

Boogeyman123 wrote: »

Not the same car but thanks for your concern. The car that was crashed is my own and the car that was traded is my partners.

The garage are claiming that the car traded in was crashed in England before being imported.

And so what ? A crashed repairable that has been repaired correctly is perfectly fine.

As a private person dealing with a business you have essentially presented your trade in as seen and the dealer agreed to go ahead.

There’s hundreds of cat C and D damaged vehicles going through auctions in the UK every day of the week to supply the second hand market with perfectly fine second hand vehicles when repaired properly.

On a fleet car at end of lease a dent in a door and an expensive wing mirror broken of would make it an economical write off as it doesn’t make sense to spend money on an expensive repair on a low residual vehicle. There’s truckloads of that type of stuff going through UK auctions every week.

niallo32

I traded in a Passat a few years ago to a BMW main dealer.

I can't remember exactly the issue with the Passat but a small internal part needed replacing that was causing the radiator light to come on. I told the salesman about it on day one and he had the on site mechanics check it out to confirm. We did the deal and a few days later when I was collecting my car he checked it again.

Next day he called me and told me the head gasket was gone and he wanted X amount of money as he wasn't going to take the hit. I told him where to go and not contact me again.

Bumped into him about six months later when I dropped the new car in for something and he told me the head gasket wasn't actually gone and they'd made a mistake.