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Are you legally bound to tell a buyer that the car has been written off

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Old 16-05-2010 | 05:29 PM
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Default Are you legally bound to tell a buyer that the car has been written off

As title, Last week i bought a tdci mondeo and the logbook wasn't present as it'd been sent away for a private reg change, didn't think too much of it as the guy seemed genuine enough and the car was a fair price.
Was just browsing around the net today and come across hpi check for £3.95 so i done it, it come back that the car was written off on the 3rd of may 2003, and passed a vic check 15th february 2006! The car would have only been 5 months old at the time as it's build date is 20th december 2002
I'm assuming that the logbook that was sent off would have had the write off on there? AND more importantly, should he legally have told me? I know i'm partly at fault for not seeing a IF it was on there log book.

Last edited by Gadget; 16-05-2010 at 05:32 PM.
Old 16-05-2010 | 05:30 PM
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What Catagory is it written off too?
Old 16-05-2010 | 05:30 PM
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i think the seller only has to tell you if the buyer directly asks if its been wrtten off , i may be wrong tho!
Old 16-05-2010 | 05:34 PM
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Only if asked directly as I understand it, otherwise if you didnt check you dont have any comeback
Old 16-05-2010 | 05:35 PM
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Cant understand why you bought it without the log book present, Then hpi it after you bought it! Didnt think you could sell a car without the logbook Thats what the dvla told me when i was in the same boat regarding private plate.
Old 16-05-2010 | 05:36 PM
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Must have had a fair amount of damage to be written off at 5 months old.
Old 16-05-2010 | 05:37 PM
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if it has had a vic check it is most probably a CAT C, unfortuntley i dont think you have a leg to stand on.
Old 16-05-2010 | 05:40 PM
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wrote my old 106 off twice, sold it with out telling them, well they didn't ask
Old 16-05-2010 | 05:45 PM
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Originally Posted by focusrrx87
wrote my old 106 off twice, sold it with out telling them, well they didn't ask
twice !?! fuck lol
Old 16-05-2010 | 05:56 PM
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Yeah cat c! The bloke was a policeman so thought there'd be no probs Not too fussed really as it's only a family hack and drives lovely! Just came across a site and thought i'd hpi it!
The car, Tdci ghia, st kit and wheels on eibach springs. 68k miles.
Old 16-05-2010 | 05:57 PM
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looks ok just don't mention its been wrote off when you sell it
Old 16-05-2010 | 06:06 PM
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LOL, The thought had never crossed my mind!
Old 16-05-2010 | 06:07 PM
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Originally Posted by speedy-tom
twice !?! fuck lol

lol, i was only around 17 at the time,
Old 16-05-2010 | 06:14 PM
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wheels need a refub but looks good, is it a goldy colour or grey?
Old 16-05-2010 | 06:55 PM
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trader is legally obliged to tell you i believe.

You can certainly get youre money back if you discover it after he has sold it to you.

Private sale there is no obligation.

It is up to YOU to make sure.
Old 16-05-2010 | 07:05 PM
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Originally Posted by Ebonycossie4x4

Private sale there is no obligation.

.
My understanding is that he ( private seller ) does have an obligation IF you directly ask.

Traders MUST disclose without having to ask
Old 16-05-2010 | 07:12 PM
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the logbook wouldn't have told you anyway as it doesn't say on there if it's been a write off before or not.
I have owned a cat c and my present mondeo is a cat d and there is nothing on the lobooks to help ya find out

steve
Old 16-05-2010 | 07:15 PM
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Originally Posted by Fiddy
Must have had a fair amount of damage to be written off at 5 months old.
just thinking the very same thing~!
Old 16-05-2010 | 07:18 PM
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Originally Posted by It's Czech Mate
My understanding is that he ( private seller ) does have an obligation IF you directly ask.

Traders MUST disclose without having to ask
You're not exactly wrong its just very very difficult to get anywhere if this happens on a private sale.

you need proof he didn't tell you.

I have close friends that this has happened too on multiple occasions, i actually know someone that used to profit from doing this sort of thing as well back in the day as it was treated as just another way to scam people (or insurance companies)

you need to have aquired good title of of the car which basically means you bought it unaware it was owned by someone else (the finance company)

when this happened to me personally i was given a clear hpi certificate which was proved was a fake therefore i was entitled to keep the car (which i then sold)

this was due me aquiring good title of the car as i bought it unaware it had finance on it.

Its all a bit skeptical, its a little different with written off cars but im pretty sure there is no legal obligation to say anything on a private sale.

Sold as seen as such, even though even sold as seen is not legal if you get the right judge
Old 16-05-2010 | 07:18 PM
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Nice car......Just like my Mondeo TDCi Ghia X with the kit and wheels on....

All you need now is a decat for £70..that free's up about 20bhp and 40ftlb touque....then a remap...

Here is mine......

Old 16-05-2010 | 07:20 PM
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^^^^^^^^thats a nice white screw cover on your numberplate^^^^^

Last edited by focusrrx87; 16-05-2010 at 07:25 PM.
Old 16-05-2010 | 07:21 PM
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Originally Posted by Fiddy
Must have had a fair amount of damage to be written off at 5 months old.

around 17k worths
Old 16-05-2010 | 07:22 PM
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why was it written off in 2003 and did not go for vic until 2006,unless they asked i would not say anything
Old 16-05-2010 | 07:27 PM
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This was my old ST TDCi at 14months old and they wrote that off......








Old 16-05-2010 | 08:01 PM
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Andy130 - Yeah, wheels getting re furbed at work, unsure what colour to do yet, may go for an anthracite colour or high power grey,

TIFF - Yeah, got a decat here waiting to go on, didn't want the expense of a re map so bought a tuning box instead. Not fitting them yet though, it's got a slight problem, need to get the codes checked but i've been told it's most likely overboosting slightly. Most of the time it's fine but every now and again, when on boost, it's almost like blowing a boost pipe off and you lose some power, pull over, key off then on again, all is fine! No mil light!
Old 16-05-2010 | 08:07 PM
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wonder why they wrote that off tiff??? lol

Thought it said on the log book?! I know someone at work bought a BMW off someone we work with whos car had been written off but he bought it back for peanuts and got it on the road again and had the VIC check etc, and its got on the log book on the front page about it having been written off!
Old 16-05-2010 | 08:32 PM
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if its a cat c its on the log book ,cat d is not,im a panel beater n do loads of write offs
Old 16-05-2010 | 08:45 PM
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If a vehicle is catagorised as a cat c right off, it will be on the v5 as substantially repaired, cat d dosn't.

By law if your a motor trader you have to declare if your selling a cat c or d vehicle, if your a private seller not in the motor trade, you still need to declare a cat c but NOT a cat d.

If a car is still fairly new and is involved in an accident and is written off for minimul damage, this is because it's easier to just replace the vehicle for the owner and sell the salvage.

I used to buy, repair and sell a lot of salvage, And done insurance work, and at times you can get a 3 month old car written off due to a door and wing, then another day get a 10 yr old car needing a front end and they repair it! its all down to that paticular assesor at that time really.

I also get told my estimate is too high and the vehicle will get written off, but if i chat to the assesor and lower the figure, and use second hand parts to make it cheaper, we get whats called a contract repair, in this case it gets no cattagory at all! lol
Old 16-05-2010 | 08:50 PM
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Also if any of you get your car written off, buy the salvage back, you have every right to do this and its normally 10% of what they agree to pay you out! so a bargain!

And if your vehicle goes for repair, its not like the old days where your car had to go to an approved repairer! you can have it repaired absolutely anywhere you want to! but they wont tell you that! and tbh a lot of insurance approved repair shops do a shit job, because they do it so cheap to keep in with the ins co they cut corners!

worth baring in mind.
Old 16-05-2010 | 09:34 PM
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why did you park the purple mondeo in a hedge?
Old 16-05-2010 | 09:49 PM
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Originally Posted by kosman
why did you park the purple mondeo in a hedge?

The purple Mondeo is Performance Blue....and someone else kindly smashed into it, pushing it into the hedge......
Old 17-05-2010 | 08:24 AM
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The law is simple

Private seller

does NOT have to tell you ,,UNLESS ,, you ask , then they do

Trader

DOES have to tell you even if you dont ask

Its that simple

ALWAYS ASK

problem is tho if you ask a private seller and he says it isnt and you find out later it is you have to prove he said it wasnt

,,HPI before you buy ,,
Old 17-05-2010 | 08:32 AM
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Originally Posted by Gadget
TIFF - Yeah, got a decat here waiting to go on, didn't want the expense of a re map so bought a tuning box instead. Not fitting them yet though, it's got a slight problem, need to get the codes checked but i've been told it's most likely overboosting slightly. Most of the time it's fine but every now and again, when on boost, it's almost like blowing a boost pipe off and you lose some power, pull over, key off then on again, all is fine! No mil light!
Injectors most probably Gary, Will show Fuel Presure too High/Low on the diagnostics, they used to be fortunes but you can get them for reasonable money now

I`ll pm you some details...
Old 17-05-2010 | 08:34 AM
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never understand why people dont hpi cars before buying them.there are so many written off/financed up cars out there trying to be sold nowadays.
the price of a hpi check can save you so much money/mither in the long run.but remember these £3.95 text checks dont tell you about finance so are pretty useless
Old 17-05-2010 | 09:03 AM
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I would guess that the seller knew it was a CAT C and hence made sure the log book wasn't present as it states it on the front if a CAT C as mentioned.

My mate unwittingly sold a CAT C to a police man who called him to ask if he knew and did say "well I should have checked it"

Sadly the same applies mate, I wouldn't buy a car unless I have done a decent £20 hpi with a paper report for my own peice of mind.
Old 17-05-2010 | 09:14 AM
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Originally Posted by NORTH YORKS RS SPARES
The law is simple

Private seller

does NOT have to tell you ,,UNLESS ,, you ask , then they do

Trader

DOES have to tell you even if you dont ask

Its that simple

ALWAYS ASK

problem is tho if you ask a private seller and he says it isnt and you find out later it is you have to prove he said it wasnt

,,HPI before you buy ,,
Summed up Nicely.
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