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My daughter has bought her first car and it now appears that it has previously been in a crash. Does she have any legal redress?
My daughter has just bought her first car from a private vendor. There have been some problems with it and two different mechanics say it has been crashed at some point and will be very expensive to repair. Apparently the chassis is buckled, the tracking is out and they are unable to repair it. We have been told that it is illegal to sell a previously crashed car without making the buyer aware. Obviously if she had been told she wouldn't have bought it. Does she have any legal redress? Essentially she wants her money back as she can't afford to buy another car, although I am aware of the phrase 'caveat emptor'.
The chances are that Caveat Emptor will apply here. It is illegal to sell a car with established defects as a private seller - for example if the car is known to be clocked, or if certain methods have been taken to conceal a defect. Similarly it is illegal to knowingly sell a dangerous vehicle (such as a "cut-and-shut") or certain categories of write off without a declaration but if the vehicle was merely damaged in a crash that may not be an offence.
The first point to start is to do what should have been done before purchase which is to request a vehicle check from one of the respected providers. These will show if the vehicle has ever been written off and if so, what category it was in.
The categories are as follows:
Category A
A vehicle which should have been totally crushed, including all its spare parts.
Category B
A vehicle from which spare parts may be salvaged, but the bodyshell should have been crushed and the car should never return to the road.
Category C
An extensively damaged vehicle which the insurer has decided not to repair, but which could be repaired and returned to the road.
Category D
A damaged vehicle which the insurer has decided not to repair, but which could be repaired and returned to the road.
Category F
A vehicle damaged by fire, which the insurer has decided not to repair.
If it is in the first two categories then an offence is likely to have been committed and you should threaten the vendor with the police unless the money is refunded and the car disposed of.
If it is in the latter categories then it is possible that the vehicle is poor but the sale may not be illegal. In these cases it is almost impossible to secure recovery of the money after a private sale (as opposed to a trade sale).
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