M.I.5¾ wrote:
> wrote in message
> news:4329b43d-bc3e-4db7-a74c-79943339c21d@24g2000hsh.googlegroups.com...
> I'd appreciate some advice on a legal matter concerning the sale of a
> car.
>
> I recently bought a new car and part exchanged my old car with a
> dealer. When they quoted for the part ex, I had to complete a
> condition report which asked for various things to be described.
> Unfortunately the car had a fault that, for the sake of this post (and
> without prejudice) I was aware of, but there was no question relating
> to this on the condition report and so I did not mention anything. I
> did not say that there was no fault, I just didn't advertise the fact
> that there was a fault. I did sign the statement "I certify that the
> details and description are true and accurate" but think this is the
> truth (albeit maybe not the whole truth).
>
> I duly did the transaction and both I and an employee of the dealer
> signed a copy of the condition report saying that the car had been
> inspected and that the price was paid in full. I left with the new
> car.
>
> A few weeks later I received a call from the dealer saying that they
> had found the fault and that it was going to cost them £500 to fix it,
> but that they don't think they can sell the car without fixing it.
> They said that I failed to mention it in the condition report,
> therefore I am responsible, but that they will either sell the car
> back to me at the price they paid for it or they want half the cost.
>
> My question is this ...
>
> If I have told the truth in describing the car (but not advertised a
> fault), do I have any liability, or is it their tough luck for not
> inspecting the car properly before signing off the condition report?
>
> Would there be any obligation on me to tell them about a fault if I
> knew about it, or does caveat emptor apply here?
>
> I may decide to give them a contribution towards the costs to fix
> this, but wanted to check what the legal position actually is first so
> I know how hardball I can play.
>
> ---------------------
>
> I haven't part exchanged anything for donkey's years, but when did
> these changes come about. In my younger years, if you part exchanged
> a car and the dealer failed to notice that the engine was missing
> before doing the deal, that was his hard luck and misfortune.
I have known people to get a valuation on a part ex. take the car away,
change the engine, battery radio, tyres etc. then take it back to do the
deal
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