Was Sold A Crashed Car

phelo05

I bought a vw golf from a dealer in limerick not the main dealer but a dealership that sells all makes of cars i,m not nmaing them cos i have a case pending with them but what i will say is that they have three places on the west coast in three cities. the car was crashed on the passenger side and it was sold to me at full market value for a 00 reg golf and i was,nt informed of the damage done. i will name and shame this dealer when i win my case but i,d say that every1 probably knows who they are.

elexes

i dont know them but take it to them

Guy:Incognito

Was it obvious damage? or had a repair job been done? was it not possible that they missed the damage, same as you did?

Cyrus

did you ask was it crashed? if not i dont think you have any arguement to be fair, if you asked and they said it wasnt then they have a case to answer

phelo05

elexes wrote:

i dont know them but take it to them

i know my solicitor has been in contact with there,s

phelo05

Stekelly wrote:

Was it obvious damage? or had a repair job been done? was it not possible that they missed the damage, same as you did?

well apparently this crowd which i found out after are known to sell crashed cars besides if they were to have missed the damage they should have there AA autocheck franchise taken from them

phelo05

Cyrus wrote:

did you ask was it crashed? if not i dont think you have any arguement to be fair, if you asked and they said it wasnt then they have a case to answer

well my case falls under THE SALES OF GOODS AND SUPPLY OF SERVICES ACT 1980 as there is a dangerous defect in the car when i purchased it.

Guy:Incognito

How did you discover it? and what was reckoned to have happened?

unkel

Cyrus wrote:

did you ask was it crashed? if not i dont think you have any arguement to be fair, if you asked and they said it wasnt then they have a case to answer

Exactly!

phelo05 wrote:

well my case falls under THE SALES OF GOODS AND SUPPLY OF SERVICES ACT 1980 as there is a dangerous defect in the car when i purchased it.

Well good luck trying to prove that - it ain't gonna be easy

Cyrus

yeah sorry man but just because it was crashed doesnt mean it has a dangerouse defect, what kind of damage was there?

I studied law in college, actually spent 6 months on the sale of goods act, i cant see how you have a case unless theres something we dont know?

DukeDredd

I thought dealers HAVE to tell you whether a car has been crashed or not even if you don't ask.

Mr E

My mother bought a car about 5 years ago from one of the main dealers in Limerick (I wonder if it was the same one?). She got the car checked over by a mechanic in the first week, just to be safe. The mechanic said that the car had obviously been in a bad accident, and had been patched up (although you wouldn't know to look at it - it looked fine). He said it was seriously dangerous to drive and told her to return it and get her money back, or she'd be taking her life into her hands.

She wasn't told it had been in a wreck when she'd bought it. The dealer said he didn't know it had been in an accident (yeah right....)

jayok

I thought dealers HAVE to tell you whether a car has been crashed or not even if you don't ask.

Hmmm... don't know about this one, basically if the car was crashed and repaired as best it can, then I believe it can be sold as if everything was ok. The only reason I know this is the missus had a bang in a car that was under HP. We got it repaired at an dealers shop but when we went to return it the HP company, they said it was crashed and that we would have to pay the loss of depreciation. Took the case to the director of consumer affairs and they said that once the car was repaired as good as possible we would have no further committments. Told the HP company to stuff it and that was the end of it.

BTW It wasn't a Golf!

Chalk

crashed or written off?
were the repairs done or did you have to do them yourself?

id say a fair amount of cars on the road have been in varyring degress of crashes,
from dings with the garden gate to head on collisions that have been repaired successfully

vibe666

if you buy a car without getting it checked out independantly first you'rew asking for trouble, no matter where you buy it from, unless it's new.

it'll cost you about 50 quid to get someone qualified to have a quick look over it and a test drive, and they'll tell you if there's anything wrong with it, then you can decide if it's worth the asking price.

phelo05

right for a start the chassis was twisted and jigged back into shape the valance was welded back together the car veers off to the left an recently the wheel bearing was so bad that the mechanic that replaced it said i was lucky if any of dat aint dangerous defects i don,t know what is plus i,v had nothing but mechanical difficulties with the car which is uncommon with golfs

Cyrus

i wouldnt say mechanical problems are uncommon on golfs, but the bent chassis means the car is a write off therefore you should have a case

The General

If a car has been involved in a crash, you have to tell the new buyer of the car, them selling it as a car(full value) that hasnt been crashed mean they lied about it, unless they didnt know either

Hellrazer

Actually--Its a case of buyer beware.

Always Always get an independant check done on a car.I cant stress this enough.

A dealer may or may not spot if a car has been crashed as the first point of contact when a dealer takes a trade in is usually a salesman who knows fook all about crash repairs.
Ive seen cars that have been crashed traded in by punters and the salesman havent even spotted the fact that it was crashed.

And if this car is then deemed to be a "trade" car ie. sold as seen with no service/prepare for sale check done on it then it may not have even been seen by one of our mechanics.

A dealer DOES NOT have to tell someone that a car is crashed.But most of the time its more down to the above ie salesman having a "quick look" over the car that is the cause of the problem.

We`ve been stung a few times with crashed cars and some with dangerous defects but we`ve no comeback to the person who traded the car in.These usually end up losing us a fortune to get 100% or else they are sold to a "trader" who may or may not repair the car before selling it on.

You`ll find that the practice of selling crashed cars very rarely happens in main dealers as the bad advertisement can have a serious negative effect on their business.

Richie

lomb

Hellrazer wrote:

You`ll find that the practice of selling crashed cars very rarely happens in main dealers as the bad advertisement can have a serious negative effect on their business.

Richie

what about minor panel damage thats been repaired by main dealers?

Hellrazer

lomb wrote:

what about minor panel damage thats been repaired by main dealers?

Minor panel repairs are purely for cosmetic reasons.Touch up a scratch,repair bumper scuffs etc.The thread is about major,dangerous crash damage and whether a person has any comeback.
All our cars minor damage is repaired on site and it makes the car more asthetically pleasing for the prospective buyer.

bazz26

Hellrazer wrote:

A dealer DOES NOT have to tell someone that a car is crashed.But most of the time its more down to the above ie salesman having a "quick look" over the car that is the cause of the problem.

Richie

I think the dealers under the law have to tell you if the car has had damage repairs.

My father bought a Corolla a couple of years ago. It was a 6 month old ex-hire car and the dealer told him that the front passenger wing and mirror were damaged and repainted and this was reflected in the price. My father had a pannel beater friend check out the car incase there was more. Friend checked it out and said there was no other damage. Father had the car for 5 years without any issue.

Saying this I think the yellow SMTI forms that you sign at a dealership when trading your car has a little box on it that you tick and sign to say that the car has not been crashed. Nice get out clause for the dealer.

Victor

Cyrus wrote:

yeah sorry man but just because it was crashed doesnt mean it has a dangerouse defect, what kind of damage was there? I studied law in college, actually spent 6 months on the sale of goods act, i cant see how you have a case unless theres something we dont know?

Based on the later description "not fit for purpose" crosses my mind.

Hellrazer

Ok I have to apologise here for my previous post.I got it wrong--According to the Simi website a Simi dealer must inform the customer if they are aware it was crashed.

As my first post states its usually a salesman who checks over trade ins and most times wouldnt know one end of a car from the other due to the dollar signs clouding their judgement.Also to the OP was this a recognised SIMI dealer?

http://simi.ie/showcontent.asp?SubsectionID=5

Capt'n Midnight

Cyrus wrote:

yeah sorry man but just because it was crashed doesnt mean it has a dangerouse defect, what kind of damage was there?

I studied law in college, actually spent 6 months on the sale of goods act, i cant see how you have a case unless theres something we dont know?

how does that phrase go , in relation to what was paid for it. If it was over priced for a crashed car then you'd have a right to expect that it didn't have crash damage. If it was very cheap then maybe not.

Of course if the crash wasn't repaired safely then that's a different story.

http://www.odca.ie/cfmdocs/documents/docs2.cfm?article_no=5473
" Certainly if the goods were sold in a "sale" or represented as a great bargain at the price, it would be almost impossible for the retailer to explain any hidden defects on the grounds that the goods were "Sale" goods. The safest (and best) course to follow is to draw defects to the buyers' attention - the buyer cannot reasonably complain later about defects that were clearly pointed out.

If the buyer examines goods before agreeing to buy them he or she cannot claim against the retailer for defects that should reasonably have been noticed during that examination. "

"Goods can be described in many ways - in an advertisement, through words or pictures on a package, by oral statement of a salesperson etc. etc. If a buyer relies on the description in buying the goods, there may be a claim against the retailer if the description is not accurate.

False or misleading descriptions may, in certain cases be against the criminal law (e.g. as provided for in the Consumer Information Act 1978) but in giving this information we are concerned mainly with the legal relationship between buyers and traders and, as indicated above, the buyer may have a claim against the retailer if the goods are sold on the basis of a false description.

A trader may sometimes sell goods, which are wrongly described without the trader's knowledge. For example, one pound of butter in a consignment could be seriously under-weight without the retailer having noticed it. In such a situation it is still the retailer against whom the buyer would claim"

phelo05

Hellrazer wrote:

Ok I have to apologise here for my previous post.I got it wrong--According to the Simi website a Simi dealer must inform the customer if they are aware it was crashed.

As my first post states its usually a salesman who checks over trade ins and most times wouldnt know one end of a car from the other due to the dollar signs clouding their judgement.Also to the OP was this a recognised SIMI dealer?

http://simi.ie/showcontent.asp?SubsectionID=5

yes the dealer that sold me the car is a simi member and also claims to do AA autocheck on all there cars

Borzoi

phelo05 wrote:

yes the dealer that sold me the car is a simi member and also claims to do AA autocheck on all there cars

So why don't you get an AA man to look it over?

lomb

Borzoi wrote:

So why don't you get an AA man to look it over?

calling the AA is a waste of time, and money. i had an aa guy look at a sh!t crash repair that was done to my mums car by a backstreet garage where they billed 5 grand to the insurers for a couple of panels damaged and used spurious parts and the paint had blisters in it and wasnt even.

the guy verbally told me it was unacceptable and yet his report came back saying everything was grand. i had another guy i know a panel peater look at it and he said it was dreadful. the panel gaps were all over the shop, the paint had actual blisters and lumps in it although the colour did match. he must have keyed it to get 5 grand out of the insurers (the garages get paid per panel and this was 5000 punts) i had a similar repair done recently to the same car (later model) and the bill from belgard motors to the insurers was 2800 and the job was top notch. the paint is absolutely flawless(although they left bare metal on the valance where it was damaged going back again :rolleyes: ) the AA are a bunch of tossers, make no mistake.
if u want to have someone look at it, call edge anderson assessors, they do private stuff as well and are professional, unlike the AA. ps it was a simi garage out in the bog that did that to my mums car......

phelo05

The simi is a bull**** society i think they do feck all for the customer if they want to complain about a garage and as for the AA i got the car assessed for 100 cheaper than what the AA would do it for