Bought car from dealer and then found accident damage
Discussion
I picked up a used Touareg today from an indie dealer. When I viewed the car a week ago it looked ok apart from a couple of minor scuffs that they agreed to polish out. I noticed an insurance excess payment on the car's running costs history and asked specifically what the damage had been. There was a cost on the list next to it for a new panel at £60 and the dealer said it was a minor cosmetic repair. The car drove ok and everything checked out so I agreed a deal.
Having got the car home today, I noticed that the OS front wing was slightly out of line with the door front edge. After peering in a bit behind the trim etc it turns out that the sill has a large dent in it, with the front top edge warped, causing the wing alignment issue.
The SatNav also doesn't now work, even though it did on the test drive, so I didn't try to switch it on until half way back home.
I'm going to speak to them tomorrow once I've had chance to go through the car completely and make a full list of all issues. I was too annoyed to have a calm discussion with them today.
Has anyone had similar experiences and, if so, what was the outcome?
Cheers.
Having got the car home today, I noticed that the OS front wing was slightly out of line with the door front edge. After peering in a bit behind the trim etc it turns out that the sill has a large dent in it, with the front top edge warped, causing the wing alignment issue.
The SatNav also doesn't now work, even though it did on the test drive, so I didn't try to switch it on until half way back home.
I'm going to speak to them tomorrow once I've had chance to go through the car completely and make a full list of all issues. I was too annoyed to have a calm discussion with them today.
Has anyone had similar experiences and, if so, what was the outcome?
Cheers.
Nothing like finding something wrong with a new purchase to put a dampner on things... However, all I will say is cars get damaged all the time and need replacement panels / paintwork so don't let that gnaw away at you. Have a chat with the dealer to see whether they'll whip it into the bodyshop for you to put it right. Thay can also sort the sat-nav out whilst they're at it... 
I don't have a major issue with prior damage, as long as it's fixed properly. My Tuscan has had a few bodywork bits over the years. It's that fact I was lied to when I asked specifically about it and I now have the grief of getting it resolved. It looks like they've screwed the paint up on one side when polishing as well as the passenger side is becoming a matt finish.
All in all I'm not exactly impressed and wondered if anyone had gone down the route of rejecting a used car?
All in all I'm not exactly impressed and wondered if anyone had gone down the route of rejecting a used car?
POORCARDEALER said:
You have no comeback whatsever on the bodywork repair I am afraid.
Sat Nav should be working, dealer should sort that
How so? It's not obvious as it's hidden behind a plastic sill panel and the wing. The dealer described it as VGC, I asked about the damage and was told there wasn't any, but it turns out the car has unrepaired hidden damage.Sat Nav should be working, dealer should sort that
It isn't as described, or how someone would expect a car so described to be surely?
You are absolutely right Basil, once the dealer had given an explanation for the previous panel replacement it becomes part of the contract and if incorrect (even if he didn't actually know) the dealer is liable for the misrepresentation.
This could mean the dealer has to repair the damage properly or if it would involve a major repair or would affect the ongoing value of the car you may be able to reject it.
Of course you still have to go through the hassle of getting them to do the work or refund your money
This could mean the dealer has to repair the damage properly or if it would involve a major repair or would affect the ongoing value of the car you may be able to reject it.
Of course you still have to go through the hassle of getting them to do the work or refund your money
Recent court action taken against chap I know who owns a garage:
Chaps buys a Ford Ka from him for £4K for his daughter.
Chap goes to Ford dealer to get a duplicate service book and notes on service printout there is a entry which says "bodyshop quote".
Chap goes to bodyshop who show him digital images of car which had recived a hefty whack to front(lamppost) causing extensive damage.
Car was then repaired elsewhere and car was bought at auction then sold to man.
He demanded his money back, garage refused.
He took garage to court, having had an engineers report on the repairs carried out which said they were not fantastic but were safe.
Judge ruled in favour of garage saying the man had every oppertunity to look the car over thoroughly, and the fact the car had previously sustained accident damage was tough.
It is your word against the garages regarding what was said and I do not think you would win in court.
Sorry.
Basil Brush said:
POORCARDEALER said:
You had chance to inspect the bodywork prior to buying the car....I am afraid it is buyer beware where bodywork/cosmetic issues are concerned
I feel for your customers if that is your view on the legal obligations of a dealer.I am telling you the law as it stands, not how I run my business.
Dick.
Not if the dealer makes an incorrect statement concerning the condition of the bodywork or if he misdescribes a repair.
Best bet for any dealer is to say that he doesn't know the full details of a repair or that the car is HPi clear etc, but make no other statements as to it's condition or history as it avoids opening him up to these issues.
ETA to comment on the last three replies.
If the dealer in your example had said that the car had not been crashed or any repairs were purely cosmetic, he would have lost.
I understand what you are saying about the dealer denying what he had said whilst selling the car and that can be a problem but we probably shouldn't go down the line of confirming what a bunch of liars many car salesmen are as it could just confirm our preconceptions
Best bet for any dealer is to say that he doesn't know the full details of a repair or that the car is HPi clear etc, but make no other statements as to it's condition or history as it avoids opening him up to these issues.
ETA to comment on the last three replies.
If the dealer in your example had said that the car had not been crashed or any repairs were purely cosmetic, he would have lost.
I understand what you are saying about the dealer denying what he had said whilst selling the car and that can be a problem but we probably shouldn't go down the line of confirming what a bunch of liars many car salesmen are as it could just confirm our preconceptions
Edited by Steve H on Sunday 31st October 08:58
POORCARDEALER said:
Recent court action taken against chap I know who owns a garage:
Do you have a case reference? That disagrees with a couple of cases I know of (well, I was taught many moons ago) in the High Court, so I suspect this is a county court case where the judge has not been correctly apprised of the material caselaw. In cases with individuals vs Companies the liability normally falls to the company (as expert).Also, did the chap in your case specifically ask about accident damage etc as (I think) the OP did?
[quote=Steve H]Not if the dealer makes an incorrect statement concerning the condition of the bodywork or if he misdescribes a repair.
Best bet for any dealer is to say that he doesn't know the full details of a repair or that the car is HPi clear etc, but make no other statements as to it's condition or history as it avoids opening him up to these issues.[/quote
You are correct Steve, and I feel for the OP, but unless he has that statement in writing how can it be proved that was said.
Other thing is how can a dealer state that a car has never had paint etc etc if he hasnt owned it since new.....he can only say in his opinion...
Best bet for any dealer is to say that he doesn't know the full details of a repair or that the car is HPi clear etc, but make no other statements as to it's condition or history as it avoids opening him up to these issues.[/quote
You are correct Steve, and I feel for the OP, but unless he has that statement in writing how can it be proved that was said.
Other thing is how can a dealer state that a car has never had paint etc etc if he hasnt owned it since new.....he can only say in his opinion...
Jasandjules said:
POORCARDEALER said:
Recent court action taken against chap I know who owns a garage:
Do you have a case reference? That disagrees with a couple of cases I know of (well, I was taught many moons ago) in the High Court, so I suspect this is a county court case where the judge has not been correctly apprised of the material caselaw. In cases with individuals vs Companies the liability normally falls to the company (as expert).Also, did the chap in your case specifically ask about accident damage etc as (I think) the OP did?
Chap said he did ask, garage owner said he didnt.
POORCARDEALER said:
Basil Brush said:
POORCARDEALER said:
You had chance to inspect the bodywork prior to buying the car....I am afraid it is buyer beware where bodywork/cosmetic issues are concerned
I feel for your customers if that is your view on the legal obligations of a dealer.I am telling you the law as it stands, not how I run my business.
Dick.
You are saying that there is no greater obligation on a dealer than a private seller in law? This is not true. There is no obligation on the customer to carry out a thorough inspection of the car, but if they do use an expert/ specialist to do so the customer takes responsibilty for anything that the inspection should have discovered. The customer is entitled to rely on any description/explanation provided by the dealer.
The problem with the damage is that it hasn't been repaired or repainted so it will quickly become a rust issue in a structural part if not addressed. It's not just a cosmetic thing.
Anway, enough googling of the legal situation. I'll speak to the dealer and see where we go.
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