"We Buy Any Car" comeback on the seller?
Discussion
Looking at WBAC terms and condition on the contract you sign, it looks like they come after you for any costs (including legal) for any mechanical problems with the car you sold them.
A mate has had a VW Golf valued aroun £10k, but had an engine problem "fixed" but may still have big issues with it and further work needing to be done, although it's not obvious yet.
Does anyone knows if the contract is enforceable to a private seller even though it's signed?
Extract from t&cs --------
4. YOUR REPRESENTATIONS
If we buy a Car from you, we will be relying upon your representation that:
(a) you are legally capable of entering into a binding contract to sell the Car;
(b) you are at least 18 years old;
(c) to the best of your knowledge, information and belief:
(i) you are the sole legal and beneficial owner of the Car;
(ii) other than in respect of any finance outstanding on the Car which you have disclosed to us, no person has any claim to the Car;
(iii) the mileage reading on the Car is true and accurate and the odometer has not been tampered with;
(iv) you have disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects in the Car (e.g. if it has any material mechanical problems or damage);
(v) all information supplied by you in respect of the Car (whether in obtaining an On-line Valuation, at any Appointment or otherwise) is true and accurate in all respects; and
(vi) the Car is registered in the UK; and
(d) you are not (nor are you acting on behalf of anyone who is) selling the Car in the general course of business.
In the event that we discover (at any time) that any of the above representations are (or are likely to be) inaccurate, untrue or false then we reserve the right (at our sole discretion) to:
(a) request any documentation or information we deem necessary to determine whether the above representations are untrue or false; and/or
(b) withdraw any offer to buy the Car with immediate effect; and/or
(c) to rescind any Contract with immediate effect; and/or
(d) (where appropriate) seek damages from you.
Cheers
A mate has had a VW Golf valued aroun £10k, but had an engine problem "fixed" but may still have big issues with it and further work needing to be done, although it's not obvious yet.
Does anyone knows if the contract is enforceable to a private seller even though it's signed?
Extract from t&cs --------
4. YOUR REPRESENTATIONS
If we buy a Car from you, we will be relying upon your representation that:
(a) you are legally capable of entering into a binding contract to sell the Car;
(b) you are at least 18 years old;
(c) to the best of your knowledge, information and belief:
(i) you are the sole legal and beneficial owner of the Car;
(ii) other than in respect of any finance outstanding on the Car which you have disclosed to us, no person has any claim to the Car;
(iii) the mileage reading on the Car is true and accurate and the odometer has not been tampered with;
(iv) you have disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects in the Car (e.g. if it has any material mechanical problems or damage);
(v) all information supplied by you in respect of the Car (whether in obtaining an On-line Valuation, at any Appointment or otherwise) is true and accurate in all respects; and
(vi) the Car is registered in the UK; and
(d) you are not (nor are you acting on behalf of anyone who is) selling the Car in the general course of business.
In the event that we discover (at any time) that any of the above representations are (or are likely to be) inaccurate, untrue or false then we reserve the right (at our sole discretion) to:
(a) request any documentation or information we deem necessary to determine whether the above representations are untrue or false; and/or
(b) withdraw any offer to buy the Car with immediate effect; and/or
(c) to rescind any Contract with immediate effect; and/or
(d) (where appropriate) seek damages from you.
Cheers
Uniman said:
Looking at WBAC terms and condition on the contract you sign, it looks like they come after you for any costs (including legal) for any mechanical problems with the car you sold them.
A mate has had a VW Golf valued aroun £10k, but had an engine problem "fixed" but may still have big issues with it and further work needing to be done, although it's not obvious yet.
Does anyone knows if the contract is enforceable to a private seller even though it's signed?
Extract from t&cs --------
4. YOUR REPRESENTATIONS
If we buy a Car from you, we will be relying upon your representation that:
(a) you are legally capable of entering into a binding contract to sell the Car;
(b) you are at least 18 years old;
(c) to the best of your knowledge, information and belief:
(i) you are the sole legal and beneficial owner of the Car;
(ii) other than in respect of any finance outstanding on the Car which you have disclosed to us, no person has any claim to the Car;
(iii) the mileage reading on the Car is true and accurate and the odometer has not been tampered with;
(iv) you have disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects in the Car (e.g. if it has any material mechanical problems or damage);
(v) all information supplied by you in respect of the Car (whether in obtaining an On-line Valuation, at any Appointment or otherwise) is true and accurate in all respects; and
(vi) the Car is registered in the UK; and
(d) you are not (nor are you acting on behalf of anyone who is) selling the Car in the general course of business.
In the event that we discover (at any time) that any of the above representations are (or are likely to be) inaccurate, untrue or false then we reserve the right (at our sole discretion) to:
(a) request any documentation or information we deem necessary to determine whether the above representations are untrue or false; and/or
(b) withdraw any offer to buy the Car with immediate effect; and/or
(c) to rescind any Contract with immediate effect; and/or
(d) (where appropriate) seek damages from you.
Cheers
If he declares it when he sells it to them they'll adjust the valuation accordingly and there won't be any come back, surely?A mate has had a VW Golf valued aroun £10k, but had an engine problem "fixed" but may still have big issues with it and further work needing to be done, although it's not obvious yet.
Does anyone knows if the contract is enforceable to a private seller even though it's signed?
Extract from t&cs --------
4. YOUR REPRESENTATIONS
If we buy a Car from you, we will be relying upon your representation that:
(a) you are legally capable of entering into a binding contract to sell the Car;
(b) you are at least 18 years old;
(c) to the best of your knowledge, information and belief:
(i) you are the sole legal and beneficial owner of the Car;
(ii) other than in respect of any finance outstanding on the Car which you have disclosed to us, no person has any claim to the Car;
(iii) the mileage reading on the Car is true and accurate and the odometer has not been tampered with;
(iv) you have disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects in the Car (e.g. if it has any material mechanical problems or damage);
(v) all information supplied by you in respect of the Car (whether in obtaining an On-line Valuation, at any Appointment or otherwise) is true and accurate in all respects; and
(vi) the Car is registered in the UK; and
(d) you are not (nor are you acting on behalf of anyone who is) selling the Car in the general course of business.
In the event that we discover (at any time) that any of the above representations are (or are likely to be) inaccurate, untrue or false then we reserve the right (at our sole discretion) to:
(a) request any documentation or information we deem necessary to determine whether the above representations are untrue or false; and/or
(b) withdraw any offer to buy the Car with immediate effect; and/or
(c) to rescind any Contract with immediate effect; and/or
(d) (where appropriate) seek damages from you.
Cheers
"To the best of your knowledge" is the seller's disclaimer here. Especially if they are not a qualified mechanic on the car brand in question.
The trade in may well have had an engine issue; assuming the seller had had a professional (try to) rectify the problem, and he (as a layman) believes the problem to be resolved, then I thounk you'd be hard pressed to say he is misrepresenting.
Maybe a different case if he knows there's an issue, has not tried to fix it and has instead tried to mask the problem, e.g. blanking over engine warning lights with insulating tape...
The trade in may well have had an engine issue; assuming the seller had had a professional (try to) rectify the problem, and he (as a layman) believes the problem to be resolved, then I thounk you'd be hard pressed to say he is misrepresenting.
Maybe a different case if he knows there's an issue, has not tried to fix it and has instead tried to mask the problem, e.g. blanking over engine warning lights with insulating tape...
Uniman said:
A mate has had a VW Golf valued aroun £10k, but had an engine problem "fixed" but may still have big issues with it and further work needing to be done, although it's not obvious yet.
Given your use of quotes and 'may still have big issues' I presume that what you actually mean is that you've cleared the codes, turned off the warning lights on the dash, and know full well that it's still f
ked five ways to hell and back.In which case yes, if and when they find out they are fully entitled to come back to you and demand their money back.
OverSteery said:
tandcs said:
(iv) you have disclosed to us all matters which a prudent purchaser would want to know about, such as physical defects in the Car (e.g. if it has any material mechanical problems or damage);
I sold them a car with a busted CD player (2 CDs stuck in it).
They'd nailed me down for so many insignificant marks that quite frankly I didn't bother telling them.
I managed to negotiate an extra £300 on their final price, and they never came back to charge me for the CD player requiring taking apart.
I suspect they churn so many cars over that unless it's a major visible mechanical issue they probably just write it off surely?
They'd nailed me down for so many insignificant marks that quite frankly I didn't bother telling them.
I managed to negotiate an extra £300 on their final price, and they never came back to charge me for the CD player requiring taking apart.
I suspect they churn so many cars over that unless it's a major visible mechanical issue they probably just write it off surely?
pb8g09 said:
I sold them a car with a busted CD player (2 CDs stuck in it).
They'd nailed me down for so many insignificant marks that quite frankly I didn't bother telling them.
I managed to negotiate an extra £300 on their final price, and they never came back to charge me for the CD player requiring taking apart.
I suspect they churn so many cars over that unless it's a major visible mechanical issue they probably just write it off surely?
They will yes, but likewise if they twig that someones car doesnt go in to reverse for example, or the dashboard lights up like a christmas tree two minutes after they get it, then they have been known to undo the deal.They'd nailed me down for so many insignificant marks that quite frankly I didn't bother telling them.
I managed to negotiate an extra £300 on their final price, and they never came back to charge me for the CD player requiring taking apart.
I suspect they churn so many cars over that unless it's a major visible mechanical issue they probably just write it off surely?
It is enforceable but on a reasonable basis. If you know the car is knackered and get the codes reset etc as someone said then you are fraudulently offering it to them. I suspect in that situation if all the lights come back on within 24 hours even after wiring the money they will come after you. However, on the other hand if all the error codes come on two weeks later when it’s sitting with a dealer to sell I doubt they would.
It’s obvious that many people over the years have tried to get rid of a dog and hide its true condition so I don’t blame them.
Sounds to me like your friend needs to get it sorted and then sell or be total open with them and take the hit
It’s obvious that many people over the years have tried to get rid of a dog and hide its true condition so I don’t blame them.
Sounds to me like your friend needs to get it sorted and then sell or be total open with them and take the hit
Dinoboy said:
I'd send that to auction rather than WBAC. No comebacks that way.
WBAC are owned by British Car Auctions, or are a ‘sister company’ it’s how they get their price they offer, they price cars according to what they’re currently achieving at auction, either way they’re the same company. The cars they buy go straight to auction so i wouldn’t have thought there’d be any comebacks as they aim to have the car sold within a few days. Also as said before ‘to the best of your knowledge’ or words to that effect. If you’re not a mechanic how would you know? Also if you’ve had any warning lights on the dash turned off then the fault has been cleared from the ecu and reset, otherwise the light would come straight back on so even if they plug an OBD reader in unless the lights currently on the fault won’t be listedAitch H said:
Dinoboy said:
I'd send that to auction rather than WBAC. No comebacks that way.
WBAC are owned by British Car Auctions, or are a ‘sister company’ it’s how they get their price they offer, they price cars according to what they’re currently achieving at auction, either way they’re the same company. The cars they buy go straight to auction so i wouldn’t have thought there’d be any comebacks as they aim to have the car sold within a few days. Also as said before ‘to the best of your knowledge’ or words to that effect. If you’re not a mechanic how would you know? Also if you’ve had any warning lights on the dash turned off then the fault has been cleared from the ecu and reset, otherwise the light would come straight back on so even if they plug an OBD reader in unless the lights currently on the fault won’t be listedAll of these may not manifest themselves on the day of their appointment but could be hidden by an unscrupulous seller. I think where WBAC believe there to be foul play, there would be comeback.
The vehicle will end up at BCA and be sold under the UKCGR (probably select) heading. Those vehicles will be subject to a mechanical report which potential buyers can see online. From what I understand the buyer has 48 hours to return the vehicle if it suffers a material fault not already described in the report. I suppose the risk is that the ultimate buyer discovers the fault and returns it to BCA within 48 hours, and WBAC decide to come after the seller, however unlikely that may be in practice.
Jasandjules said:
A private sale may still have caveat emptor - it would certainly be interesting to see which way a court would go. You always have a misdescription issue even on a private sale.
Ok, so lets run this through....- You take your car to WBAC
- They inspect it
- They take it
- They tell you the money will be in your account in 72hrs (or whatever it is on their site)
- 4 hours later the car starts rattling like a bag full of spanners and the EML and oil light come on
- WBAC ring you and tell you to come pick your POS up
- They dont pay you
It would cost them too much time and money to come after you. I won’t go into details, but if they don’t bother to check the car mechanically then what do they expect. They are only interested in bodywork.
Morally speaking, yes, it is wrong, but how many people have they robbed to make millions?
Morally speaking, yes, it is wrong, but how many people have they robbed to make millions?
Jasandjules said:
A private sale may still have caveat emptor - it would certainly be interesting to see which way a court would go. You always have a misdescription issue even on a private sale.
Not quite sure what private sale or indeed caveat emptor has to do with it. In this case, you've signed a contract which quite clearly states that you've told them about any faults that a 'prudent purchaser' would 'want' to know about. Note that it's not an everyday buyer, but a 'prudent' one who is actively looking for faults, and that it's things that they would 'want' to know about, not things that you have been asked about.Basically if you know it's a nail, you are legally obliged to tell them. Your only defence would be that you didn't know that it was a nail (and, back to the OP, asking on a public forum is a good way to show that you in fact did know that it was a nail).
Not directly related but WBAC enforcing their T&Cs
https://forums.moneysavingexpert.com/showthread.ph...
https://forums.moneysavingexpert.com/showthread.ph...
Deep Thought said:
A dodgy gearbox wouldnt be picked up on their initial test drive but might otherwise appear. Car not starting when cold due to a major fault may be another one, dodgy turbo, blocked DPF...
All of these may not manifest themselves on the day of their appointment but could be hidden by an unscrupulous seller. I think where WBAC believe there to be foul play, there would be comeback.
They don’t take your car for a test drive. I recently got shot of an old Focus ST to WBAC and all they did was put it in 1st and reverse to check it moved backwards and forwards and see if the handbrake held it, and then looked all over the bodywork, the bloke who checked it didn’t even lift the bonnet. Spoke to the manager as I was pis*ed off with the little scrote who valued it and got told that they don’t even drive them to auction as ‘They’re not covered on their insurance. They all go on a transporter’. Basically they don’t appear to be bothered about much other than the bodywork as that’s all most people will get a chance to a look at when they sell it on at (their own company’s) auction All of these may not manifest themselves on the day of their appointment but could be hidden by an unscrupulous seller. I think where WBAC believe there to be foul play, there would be comeback.
Sold my wifes Honda Jazz through I think it was We want your car rather than WBAC.
There were a couple of advisories on it from the last MOT, but being offered a fair quote I thought I'd "go through the paperwork" with the man whom turned up to "confirm / pick-up", but no, all he wanted was they keys to run it for 15 minutes "to see if any EML come on, plug an OBD in, whilst the photos I upload go back to base to confirm the price", "looks alright externally", "interior as expected from children being in it for eight years".
Admitted he wasn't a mechanical person and that was his remit in the pickup process. So EMLs might be an issue.
There were a couple of advisories on it from the last MOT, but being offered a fair quote I thought I'd "go through the paperwork" with the man whom turned up to "confirm / pick-up", but no, all he wanted was they keys to run it for 15 minutes "to see if any EML come on, plug an OBD in, whilst the photos I upload go back to base to confirm the price", "looks alright externally", "interior as expected from children being in it for eight years".
Admitted he wasn't a mechanical person and that was his remit in the pickup process. So EMLs might be an issue.
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