Been Sold A Car With An Undeclared Major Repair.

[Grogey]

Hi,

a few months ago I bought my 2010 Avensis from a private dealer. It was it fantastic condition had been an inhouse Toyota company vehicle and had an immaculate service history, plus over 18 months left on a 5 year comprehensive warranty. I was really happy with it until I found it had a water leak in the boot and overflow into the rear passenger area.

I took it into Toyota. I thought this was the best bet as I'd rather have a Toyota workshop do the fix under warranty than have a private car dealer sort it.

Anyway it turned out the leak was coming from a defective seal at the fuel filler. The defect resulted from what Toyota termed a major panel repair to the rear passenger quarter. They also stated that the internal welding where the new wing is welded to the inner lining was very poorly executed and suggested it had not been done sufficiently to ensure structural integrity. To sum up Toyota would not except any warranty claim.

The private dealer has stated he will fix the leak and look at the welding issue plus the superficial rust that has begun to form. It's booked in next week.

Meanwhile I'll be calling trading standards, etc.

I thought though I'd ask here if anyone knows if their is any statutory responsibility for a dealer to declare accident repair work to a purchaser, or is it buyer beware.? I honestly would never have picked it up. The panel fit is excellent. No odd panel gaps. Doors fit fine. Wheel well was dry. The linings etc cover the signs of repair work.

Cheers,

Grogey

[FROSTYBALLS]

Have a look at the attached OFT Guidance for second hand car dealers - http://www.oft.gov.uk/shared_oft/reports/676408/oft1241.pdf

Especially paragraphs 9.4 - 9.7

[SandyCat]

The general rule as I understand it is:

If you ask if the car has been in a (non write off) crash/repair and the dealer knows it has but says it hasn't he is liable.

If you don't ask and the dealer knows it has he is not liable to tell you as long as he is happy that the repair is of suitable standard and has not compromised the car in any way.

If you ask but the dealer genuinely didn't know it had then you cannot expect him to be liable.

If the car has been subject to a low category write off he has to declare it whether you ask or not and obviously you should always get an HP check anyway.

[Grogey]

Hi,

the dealer has accepted responsibility for the pre-existing condition and has had it remedied. This according to trading standards full fills his responsibilities in accordance with the relevant trading standard and was the only option I had for redress. Fair enough.

SandyCat, Thanks for your reply. In reference to whether 'the dealer genuinely didn't know'. according to my advise from Trading Standards, he is liable for pre-existing faults, with repect to his customer, regardless of his knowledge or lack there off, such faults.

Cheers,

[SandyCat]

Yes but your question was not about responsibility for the repair work but whether he had any duty to declare that the vehicle had been repaired previously.

These are two different things hence my reply.

I am pleased it is being rectified to your satisfaction.