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Sold car to trade - Their demanding a refund


DenR
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I am a private seller.

I sold my car to a garage (trade) and now they want to return the car and threatening legal action for selling car without telling them it was involved in an accident.

 

 

They did an HPI check and confirmed it was all clear of accidents and finance.

They paid a deposit online then came to view and try the car on a Saturday afternoon.

 

 

Price was agreed, they took the car and I gave them till Monday noon to pay the balance (accounts issue).

Balance was paid later that day (Saturday).

 

 

Monday they phoned saying that the car was un roadworthy and the roof airbags have been deactivated/removed which they could not tell on initial inspection.

I had no idea of the airbag situation as I also carried out an HPI check when I bought the car and all was clear.

Where do I stand?

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You are a private seller, they are the experts.

It is up to them to check!

 

You note that you weren't aware regarding the airbags, and had carried out your HPI check, and their HPI check was clear too.

As far as you knew there was no issue and no history of an accident.

 

They'd then have to show that:

a) you were aware of the issue, and

b) deliberately concealed it from them,

to be able to have a claim against you as a private seller selling to a trader.

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What made them check the roof airbags, especially if they couldn't tell anything about them just from a visual inspection? Seems odd to me that if the HPI check came up clear, and there was no visual sign that the airbags had been deployed then they were obviously looking for a reason to return the car. I bet they didn't pay retail price for it too ;)

 

I used to be in the trade for a considerable amount of time, and so my advice is to tell them to cease contacting you as it is harassment. There is no proof that the airbags have been deployed before they accepted the car, anything discover afterwards could have happened at anytime, besides you do not need any proof etc. We bought cars from the public, and we also traded a lot in and it was always up to us to ensure we did all relevant checks before agreeing a deal. Sometimes we got caught out by customers, but tough, we had the chance and the law is the law, private to trade or trade to trade there are no warranties etc.

 

It's tough on them, but that's the way it is. They are just trying it on.

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Clarification please. Did the (alleged) accident happen while you owned the car? If there was no accident while you owned the car were you aware when you bought it that it had previously been in an accident? You did an HPI check when you bought it and that did not disclose an accident? So you sold it in good faith and had no knowledge it had ever been in an accident?

 

If so I'd just reply saying exactly that (facts not law). "Dear Mr Buyer, I am a private seller and I have no knowledge of the vehicle ever having been in an accident and so there is nothing I could have disclosed to you. It was not involved in an accident while I owned it. No prior accident was disclosed to me or evident when I bought it on xx/xx/xxxx. I did an HPI check at that time and that did not disclose any prior accident damage either. I am therefore unable unable to accept the return of the vehicle or refund the purchase price to you. Yours sincerely,....". [The experts here might be able to suggest a better wording. I'd stick to a simple statement of the facts at this stage and not get into the legal principles involved].

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i wouldn't worry your private how are you going to know if anything wrong as your not a mechanic or very clued up

 

 

also if hpi is clear of accident that would mean they either crashed it or they just making lies to get some cash back

 

 

we all know traders lie about faults because my sis brought a 2010 citron c4 and had pads worn out and disc and had new mot so it shows they pay mot people off

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