Misrepresentation / write off

legal_updates

The seller has to declare anything they know about a car.

Author: Roxanne Bradley
Published:
Reading time: 2 minutes

This article is 4 years old.

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So what does a seller have to reveal about a cars history.

Generally the seller has to declare anything they know about a car. They have to tell a customer if a car has been a write off.

As a seller, you have to carry out checks on the vehicle and tell prospective customers of those checks and their results.

If and when a consumer asks a question, if the trader replies with a false answer then this will be misrepresentation.

For example, if the consumer asks “is the vehicle in a good condition?” If the trader responds stating the vehicle is in good condition, this could be misrepresentation particularly if the trader knew the vehicle was a Cat D or C.

The vehicle does not need to have been marked as a Cat D or C for misrepresentation to occur. If the vehicle has been in an accident then misrepresentation would still arise if the trader informed the consumer the vehicle has not been subject to any accidents.

If you are selling a vehicle which is registered as a Cat D or C, ensure this is contained on the advertisement in bold and clear writing. If the consumer is informed of the vehicles condition and you have gone to the lengths of also stating this on the sales invoice, the consumer will then have difficulties if they later attempt to have been unaware of the vehicles condition.

Roxanne Bradley

Legal Advisor

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