Car Sale - did I do anything wrong?

[joebriggs86]

Hi all,

Just a question, i recently sold my car to one of those car buying companies which had decent reviews. An inspector was sent out to do what was a 30min inspection of the car notably:
- a Visual check of the car (under cover and out in the open sun)
- A mechanical check (he was a mechanic by trade so not entirely sure what he did, didnt bother to test drive either)
- No questions were asked to me about any existing repairs to the car (note the car has never been in a major accident and has clear report)
- Price was agreed and both parties signed the contract.

There is a clause in there about "any negligent or wilful act or omission of the seller" - all other clauses that relate to my question refers to the car being in excess of the 'original condition of the car at the time of inspection'.

My question is, the car has had minor repairs done to the body of the car, this includes a bumper was changed (to the best of my knowledge) as it was an insurance claim and went to a prestigious repair workshop, so im not exactly sure what was changed and what wasnt, im just assuming the bumper as that was the obvious location of the damage.
Additionally, a scratch on the roof which resulted in a very high quality respray of the roof.

These two points were not discussed, asked raised, my opinion on the matter is minor works is minor works, if its been repaired properly then its up to the inspector to spot and ask, i literally stayed inside the whole team the inspection went on.

Assuming the car is in the SAME condition (inspector took photos), and realises later through someone more skilled that it did have minor repairs done, is there a right for any recourse here? My thoughts are this:
1. An inspector who is 'qualified' did the assessment and noted in the contract 'exterior presents well' 'no major damage'
2. I was not directly asked about the roof or the front bumper - this should attest to the high quality work that was done at the time the repairs were undertaken
3. Overall, the premise of 'buyer beware' needs to be taken in consideration, there is a level of responsibility that buyers should take before buying privately.

Have i done anything wrong here? Can i be liable for anything?

 

[Nighthelyn]

Dear joebriggs86,

While it is impossible to say 0%, I would say the chance from what you describe for you to get into legal trouble for non-disclosure to be very very small.

Factors noted in the above opinion:

1. Presumably, you are not a skilled seller, second hand car dealer, or car dealer;
2. Any of the work done to the car which you did not disclose, do appear to be minor in nature, repaired with reputable persons who are not yourself;
3. You have no personal knowledge of the car being not roadworthy or unsafe, nor would you reasonably as a normal person who does not have the skill, could have known;
4. there was no evidence of unequal bargaining position - the buyer comes in with skilled assessment of the vehicle;
5. the buyer is a skilled person who is expected to acquire the car knowing reasonably if there is such issue; and
6. You did not make any representation or statement that the car was new or that you never had it repaired.

Practically, don’t need to worry, never admit in anyway of responsibility that can be used against you, and in the event someone do have an issue (most likely a 3rd party who bought the car from the company that bought the car from you), they would more likely pursue the people who did the repair than you.

Good luck!
-Nighthelyn