Unwittingly bought an ex-rental car and the law on this?
Discussion
Back in February I bought a 61 plate Vauxhall Astra from a Stoneacre dealership. I have now just realised that the previous owner was ERAC UK limited - Enterprise Rent a Car. If I had known I wouldn't have bought the car and definitely not at that price.
From what I have read online, selling the car to me, whilst failing to tell me that it was an ex-rental car was illegal. It seems that it is not the customer's responsibility to ask; the onus is on the dealer, and a dealer is obliged to disclose anything that might materially affect a car's value or the purchase decision of a potential buyer, be it faults, MOT comments and accidents, including previous use as a hire car. Omitting to do so because a buyer didn't ask is considered a failure of disclosure.
"Under Consumer Protection from Unfair Trading Regulations (CPUTR) 2008, it’s illegal to withhold any details that could affect a purchase decision about a car at the point of sale. Advertising a car as having one previous owner, which later transpires to be a rental company, is a prime example of this practice, according to Office of Fair Trading guidelines for the regulations." According to Trading Standards dealers can face prosecution for this.
Do you think I have a case to receive some form of a refund, or to be compensated somewhat? Who should I contact? Citizen's Advice? Trading Standards? The dealer?
http://www.autoexpress.co.uk/car-news/consumer-new...
From what I have read online, selling the car to me, whilst failing to tell me that it was an ex-rental car was illegal. It seems that it is not the customer's responsibility to ask; the onus is on the dealer, and a dealer is obliged to disclose anything that might materially affect a car's value or the purchase decision of a potential buyer, be it faults, MOT comments and accidents, including previous use as a hire car. Omitting to do so because a buyer didn't ask is considered a failure of disclosure.
"Under Consumer Protection from Unfair Trading Regulations (CPUTR) 2008, it’s illegal to withhold any details that could affect a purchase decision about a car at the point of sale. Advertising a car as having one previous owner, which later transpires to be a rental company, is a prime example of this practice, according to Office of Fair Trading guidelines for the regulations." According to Trading Standards dealers can face prosecution for this.
Do you think I have a case to receive some form of a refund, or to be compensated somewhat? Who should I contact? Citizen's Advice? Trading Standards? The dealer?
http://www.autoexpress.co.uk/car-news/consumer-new...
Mezzanine said:
Doesn't sound hire car high to me.
You would have to prove it was used for hire I guess, having ERAC on the V5 does not prove anything really.
I rather think it does - from the OP "Advertising a car as having one previous owner, which later transpires to be a rental company, is a prime example of this practice,..."You would have to prove it was used for hire I guess, having ERAC on the V5 does not prove anything really.
That looks pretty black and white to me. Doesn't say anything about being a "hire car", just the PO being a "rental company" - ERAC undoubtedly is.
I'll be interested to see how this pans out OP.
Not being funny where do you think most of these up to 3 year old cars come from?
They are mostly ex hire cars.
The best ones are usually offered to be sold under manufacturer approval used the not so good ones are put on general auction.
Not sure how you can say it affects the value. A dealer you part ex to will just note it has 2 owners.
They are mostly ex hire cars.
The best ones are usually offered to be sold under manufacturer approval used the not so good ones are put on general auction.
Not sure how you can say it affects the value. A dealer you part ex to will just note it has 2 owners.
When viewing a car for sale as well as looking at the car i would always look at the documentation, service records, log book to check engine chassis number, previous owner details.
This is all basic research to be done when spending several thousand pounds on anything,
If they could not show me any of the above before committing i would walk,
Martyn
This is all basic research to be done when spending several thousand pounds on anything,
If they could not show me any of the above before committing i would walk,
Martyn
ash73 said:
Sounds like a lack of due diligence to me, why didn't you ask, or look at the log book? And now you want compensation?
I did rather think this. Also, what is the actual loss that the OP has suffered? A couple of hundred quid?OP, I would be inclined to see it as one of life's lessons and move on.
Martyn-123 said:
When viewing a car for sale as well as looking at the car i would always look at the documentation, service records, log book to check engine chassis number, previous owner details.
This is all basic research to be done when spending several thousand pounds on anything,
If they could not show me any of the above before committing i would walk,
Martyn
I think the point the OP was making was that he didn't do this and he was wondering if he had any legal redress despite his failing to check all this when he bought the car?This is all basic research to be done when spending several thousand pounds on anything,
If they could not show me any of the above before committing i would walk,
Martyn
BenWRXSEi said:
aside from finding a condom in the boot of an Avensis
Sure one of your folks weren't playing away and feigned disgust at the "hire car" 
Is there really such a problem with hire cars? I've never ragged one any more than my own car or other company vehicle. They tend to be very well located after too in my experience of ERAC
baccalad said:
"Under Consumer Protection from Unfair Trading Regulations (CPUTR) 2008, it’s illegal to withhold any details that could affect a purchase decision about a car at the point of sale.
Not QUITE so simple...http://www.legislation.gov.uk/uksi/2008/1277/regul...
is the actual legislation relating to "misleading omissions".
baccalad said:
Advertising a car as having one previous owner, which later transpires to be a rental company, is a prime example of this practice, according to Office of Fair Trading guidelines for the regulations."
The only OFT guidelines a quick google finds are https://www.gov.uk/government/uploads/system/uploa... - no mention of hirecars in there. B'sides, it seems to me that the bit they're objecting to there is the "one previous owner" (even though that's true). Was this car described as "one previous owner"? (Really? A three year old, 40k hire car?)Are you really suggesting that every used car trader is under a legal obligation of full disclosure for every previous MOT advisory, any collisions, every previous keeper...?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff