Car Inspection missed major fault. What are my options?

[dougsfarm]

I purchased for 15,000 euros for a market sales wagon (a Fiat Ducato van, fitted with cooling units, shelves and such). Prior to the purchase I paid for a "car inspection" and purchased the van on the basis of a generally favorable review. However, the review missed the fact that the van was completely rusted underneath. It was purchased 2-3 weeks ago.

 

I do not see how the inspection missed this. As the inspector's request, the van was taken to a garage so that he could see everything underneath (this was expensive as the license plates and insurance had lapsed, so needed to buy for short term transport). It is so rusted underneath, it is requiring 10 hours of welding work. On the report, it is stated that there is minor rusting under edge of one door. Not that the entire thing is completely rusted underneath. For what it may be worth, the garage has taken photos.

 

All this was done in Germany by ADAC (local equivalent AA / RAC). I know that the forum is UK oriented, but I cannot post on the German forums (I speak almost no German) and hope that the advice for the UK is likely applicable to me in Germany.

 

So, is this simply a case of bad luck for me or do I have any legal rights?

 

Thanks for any advice on what I can or should do?

 

Regards,

Doug

[BazzaS]

I purchased for 15,000 euros for a market sales wagon (a Fiat Ducato van, fitted with cooling units, shelves and such). Prior to the purchase I paid for a "car inspection" and purchased the van on the basis of a generally favorable review. However, the review missed the fact that the van was completely rusted underneath. It was purchased 2-3 weeks ago.

 

I do not see how the inspection missed this. As the inspector's request, the van was taken to a garage so that he could see everything underneath (this was expensive as the license plates and insurance had lapsed, so needed to buy for short term transport). It is so rusted underneath, it is requiring 10 hours of welding work. On the report, it is stated that there is minor rusting under edge of one door. Not that the entire thing is completely rusted underneath. For what it may be worth, the garage has taken photos.

 

All this was done in Germany by ADAC (local equivalent AA / RAC). I know that the forum is UK oriented, but I cannot post on the German forums (I speak almost no German) and hope that the advice for the UK is likely applicable to me in Germany.

 

So, is this simply a case of bad luck for me or do I have any legal rights?

 

Thanks for any advice on what I can or should do?

 

Regards,

Doug

 

It depends on the the terms of your contract with the inspector.

What does it say about jurisdiction (which country's court can hear any case)and which country's law is applicable (which can be different to which country's court!)?. Where was the contract signed?. Where was the inspection performed?. If there was negligence, in what country was the loss or damage suffered?

 

If the answer to all above is "Germany" : you'd probably have to sue there, and you'd need advice from a German lawyer.

 

If you can sue for negligence, and the loss or damage occurred in the UK, you might be able to bring proceedings here.

This could be complex if the contract requires German law be applied, site first date is to identify which law applies.

 

There is little point in offering advice on UK law if it isn't applicable.

[Old Cogger]

Have you approached ADAC with a formal complaint???

[dougsfarm]

BazzaS: Everything is based in Germany. I believe that I could sue for negligence. However, this would mean a large investment in legal fees, in order to recover a smaller amount of repair costs. Of course, it could work out in my favor if I won and got legal costs back. However, my experience with pursuing things through the courts is that the only winners are the lawyers; once one calculates the total costs and time and emotional energy, it is very seldom worth it. If there was an ombudsman who would adjudicate free of charge (or for a moderate fee) that would be much more interesting to me.

 

Old Codger: Not yet. I wanted to see what my options were before I started anything.

 

I am sure that this sort of thing must have happened to many other people. Ideally I would like to hear what they did and what happened. Well, maybe a formal complaint is the way to go and see what happens.

 

Thanks to BazzaS and Old Codger for your assistance.

 

Regards,

Doug

[liverpoolluke]

quite a large over sight, my first 2 thoughts

 

1, did the ADAC inspect the actual van you pruchased ? (was the seller a van dealer)

 

2, what were the terms of the inspection, I know aa RAC have diffrent levels of inspection (or at least used to)

[dougsfarm]

Liverpoolluke,

 

Our contract was with ADAC, but they sub-contracted to a local person. Our contract was for a detailed inspection. The seller was a private individual.

 

After reviewing the feedback on this forum, I have decided to make a formal complaint to ADAC, with photos. I do not expect to receive anything back from them. However, perhaps it will prompt them to use a more responsible sub-contractor in future.

 

In the end, I will be out close to a thousand euros, due to the incorrect report provided through ADAC.

 

However, scanning through the internet, I have not found anyone who has been successful in pursuing compensation. With so many inspections each year, I am sure that a fair number of people have the same sort of problem as me. The lack of success stories in obtaining compensation suggests to me that ADAC has sufficiently protected itself legally that the costs and difficulty of recovering compensation outweigh the benefits.

 

Thanks to everyone who has helped with comments.

 

Regards,

Doug

[honeybee13]

Hello dougsfarm.

 

Are there any internet forums for expats in Germany? I know some people who live in France and there are several forums that cover French consumer issues for Brits.

 

HB

[liverpoolluke]

out of intrest did you pay for the inspection via a card ? there maybe some come back via card ? credit card section 75 maybe?

[Conniff]

You made a contract to and paid for a written report on the condition of the vehicle. As they failed miserably, they have broken the contract and you are entitled to claim damages.