Category D write-off

Fatnacho

Looking for some advice. I signed the sales contract after trading in my old car today. Just got a call from the dealer to say the check for my old car showed a Category D write-off. Obviously, it’s a bit of a surprise.
Couple of questions:
1) I pulled a Cartell report on the day before purchase in 2018 -no mention of any damage or write off. Previous owner stated there was some minor superficial damage to the front door. Pulled another report today and a Cat D is listed. The dealer is saying it was written off in June 2018. Is there any situation in which it can take over 4 months for a car to be written off? I would’ve also assumed my insurance company would highlight the fact I was trying to insure a written-off car.
2) I assume I have no legal rights to keep the new car despite signing the sales contract. The dealer said I didn’t disclose the Category D and he still has the log book.

User1998

Are you in possession of the new car?

Esel

If you didn't know about it, how could you have informed him? Afaik, you are not obliged to identify any known faults with your car. However, if you are explicitly asked about faults and do not disclose a fault of which you are aware, that can be held against you. E.g. you are asked if it has been crashed and you say no when you know it has been crashed and repaired.

Fatnacho

The new car is in my driveway. He said he would refund the sale price and return my old car as I contravened the sales agreement by signing the section stating the vehicle was not deemed a write-off by an insurer. I signed in good faith as I thought everything was correct.
I still have the original Cartell report showing no mention of Category D and I’ve been insured on the car for the past 3 years without hassle. Insurers never mentioned a write-off.
Today is the first time I even heard about Category D
Does having a signed contract mean the sale is complete and binding?

road_high

I’d say legally he hasn’t a foot to stand on? He signed this agreement too presumably. But there’s people here far better legally versed than me. But I certainly wouldn’t be agreeing to anything yet

kindalen

Time for a lawyer. Email him a copy of your Cartell report. I'd say he has no legal grounds, don't be pressured by the dealer. Not having the log book a big issue.

theteal

I would assume he should have run that check before doing the deal, as you did when buying it. You were not aware, the deal was done. I think he'll have to mark it down to experience.

bazz26

They took the car as a trade in and agreed a price with you to buy it from you as part exchange against a new car. They are motor trade professionals and as such it is part of their profession to do background checks including previous insurance history checks on your car before they made you an offer on it and agreed to buy it. This is a schoolboy error on their part and the dealer who didn't do his job correctly, is now blowing wind up your skirt in the hope you panic and back out of the deal imo. What exactly are they going to do if you refuse, take you to court and admit that they as professionals and experts in their trade, didn't do a basic history check on the car before agreeing to buy it from you? They would also have to prove that you knowingly mislead them around the car's history. Surely a history check by them before signing the deal would have provided all they needed to decline buying it from you?

Fatnacho

Had a chat with my solicitor and he basically said the signed sales contract was legally binding and the car was officially in my possession as a result.
The dealer initially stuck to his guns and wanted to void the sale and return the cash & my old car.
He then offered me half the original trade in value. I turned it down and said I would accept a 20% reduction on the original trade-in value he was offering to reflect the Category D. We eventually agreed to this which I feel was a fair resolution for both parties.
Thanks for all the advice, really appreciate it. Otherwise, I would’ve accepted the return of my original car which I would’ve found hard to shift.
Think the big lesson is to maybe pull 2 cars checks as my original Cartell report wasn’t correct. Also don’t think the dealer will ever go sale agreed without doing a full history check ever again.

Buddy Bubs

Fatnacho wrote: »

Had a chat with my solicitor and he basically said the signed sales contract was legally binding and the car was officially in my possession as a result.
The dealer initially stuck to his guns and wanted to void the sale and return the cash & my old car.
He then offered me half the original trade in value. I turned it down and said I would accept a 20% reduction on the original trade-in value he was offering to reflect the Category D. We eventually agreed to this which I feel was a fair resolution for both parties.
Thanks for all the advice, really appreciate it. Otherwise, I would’ve accepted the return of my original car which I would’ve found hard to shift.
Think the big lesson is to maybe pull 2 cars checks as my original Cartell report wasn’t correct. Also don’t think the dealer will ever go sale agreed without doing a full history check ever again.

Think you went easy on him but if the 20% wasnt a huge amount of money and you are happy to put it behind you then I suppose it closes it off.

cpoh1

Fatnacho wrote: »

Had a chat with my solicitor and he basically said the signed sales contract was legally binding and the car was officially in my possession as a result.
The dealer initially stuck to his guns and wanted to void the sale and return the cash & my old car.
He then offered me half the original trade in value. I turned it down and said I would accept a 20% reduction on the original trade-in value he was offering to reflect the Category D. We eventually agreed to this which I feel was a fair resolution for both parties.
Thanks for all the advice, really appreciate it. Otherwise, I would’ve accepted the return of my original car which I would’ve found hard to shift.
Think the big lesson is to maybe pull 2 cars checks as my original Cartell report wasn’t correct. Also don’t think the dealer will ever go sale agreed without doing a full history check ever again.

Not sure that was a great outcome to be honest. If you had the new car in your possession, all paperwork signed and monies handed over I would have told the dealer where to go.

HBC08

You dealt with it in a very honourable and generous way.
You easily could have said its the dealers mistake and left it at that.
I hope a good deed comes your way in future.

Henry Ford III

I'd be having a word with Cartell tbh.

What's the point using them if a write off isn't recorded?

theteal

I'm guessing you were a lot more patient in that interaction than I would have been, OP. The dealer had literally no leverage and was trying to call the shots, mmmm. I'm not sure he would ever offer the kind of goodwill that you just did. Anyway, an honourable outcome but . . . .

road_high

Not sure I’d have been so generous especially if you had no idea of the crash status yourself.
Be very interesting to see where the car now ends up- ie on his forecourt plus/minus the 20% you offered him back!!

Fatnacho

To be honest, I didn’t want to throw him under the bus for a genuine mistake on his part. I know I could’ve walked away with a trade in value that was far above what would be expected for a Category D but I didn’t feel right taking advantage of the situation.
It did annoy me that he tried to trick me into a refund and then tried to reduce the trade in value by half. In the end, I was happy enough that his oversight, allowed me to get a fair trade-in value and saved me the hassle of trying to sell a written-off car.
I’ll keep an eye on it but I’d say he will struggle to make much or any profit on it considering the age and write-off status.
Think the only winner in this was the previous dealer who managed to keep the Category D hidden from the Cartell report.

User1998

What was the make/model/year of your car?

bcklschaps

Fair play OP. Seems you did the decent thing. Good Karma etc.

Having said all that the dealer had some neck to come back to you looking to void the sale when he was caught with his pants down (soo to speak). Clearly there is a fair bit of money involved?

I assume you got some kind of gaurantee with the new car... it'll be easier to avail of it now.

In such circumstances, I don't know what I would have done. It would really have come down to what my relationship with the dealer was like, I suppose.

Anyway, good luck with the sale.