To be honest a car dealer is under no obligation to disclose if a car has been subject to a Cat d or c write off claim, if the customer asks outright"has this vehicle been subject to a total loss claim " obviously the trader would then have to disclose the facts..
but as the law stands ,so long as the vehicle is in roadworthy condition no offence has been committed
Is that so - annoying. I know when you sell your house it's no longer buyer beware - if you know something, but don't get asked about it at the time, you can still be held to account if it can be shown later you knew (or that you reasonably should have known). Think that's right Digsy?
I'm not a conveyancer but you're right that if you know something there now seems a positive duty on you dislose it. I don't think it goes so far as "should have known" and there's always going to be the problem of proving knowledge.
Nothing like that for cars - buying any car of uncertain history is potentially entering a world of hurt......
There are no obligations of sellers to disclose any material facts. They do however have to disclose any facts if directly asked by the seller. Its the sellers responsibility to ask the questions.
Yes, but the property information forms that you have to complete ask very broad questions which cover most bases.
Last property I sold I just answered all the questions with one answer "DERELICT" otherwise you leave yourself open to all sorts of problems later on
You were lucky your buyer didn't walk away - I would have
I'm not a builder or a surveyor why should I be asked to give an opinion on a properties condition...The buyer paid for a survey , what could I add..... best not leave yourself open to future litigation I thought.. no comebacks with describing a property as a wreck