What are my legal options against a dealer who didn't tell me my Volkswagen Caddy had accident damage?
In January 2015 I purchased a used 2013 Volkswagen Caddy van (15,000 miles) from a Volkswagen branch. So far I've needed a new rear axle replaced under warranty after it was found to be bent (Feb 2016) and a respray of the driver's side panel door and half the bonnet (Nov 2016) following rust forming in the driver's rear wheel arch. After this repair it was suggested that the damage may have been the result of crash damage whilst the van was with its first owner (a rental company). Rust has since reappeared in a new location of the rear wheel arch and was noticed by myself following a service at the branch. I decided some time ago (following the axle repair) that I wish to sell this vehicle but have been delayed by the repair work. All these issues obviously reduce the resale value and I would like to know what my legal options. Is it unreasonable to expect a full panel replacement or to expect them to offer to buy the van back off me?
The dealer was legally obliged to tell you of the repaired crash damage prior to purchase. See: www.honestjohn.co.uk/faq/consumer-rights/ In particular: "The Consumer Protection from Unfair Trading Regulations May 2008 (CPRs) contains a general prohibition against unfair commercial practices and, in particular prohibitions against misleading actions, misleading omissions and aggressive commercial practices. The Regulations are enforceable through the civil and criminal courts. This creates an offence of misleading omissions which would not previously have been an offence if the consumer had not asked the right questions. So if a salesman knows a car has, for example, been badly damaged and repaired and does not tell the customer, he could later be held liable if the customer subsequently discovered that the car had been damaged and repaired."
Answered by Honest John on
