Buying 2nd Hand Car - Accident Damage

Pepscobra · 09-05-2016, 02:24 PM

Hi Guys,

I put down a deposit on a secondhand car for the wife last week.
Car looked good at first glance, but being a relatively new car (2013) I needed another opinion, so I arrange a Redbook vehicle inspection via carsales.com.au

Inspection was done this morning and the vehicle inspector called me to tell me the vehicle generally checked out ok, but it had been involved in an accident. Rear right side repaired/resprayed and both right side doors removed.

I'm a bit angry that the seller didn't disclose this to me. My deposit wasn't subject to the vehicle inspection, so if I walk away I'll lose it. When I called the seller back and asked him about it, he said that it only happened 3 months ago. I asked for my deposit back, but he said no, so may get messy.

Two questions;

1. Should I even be concerned about the repair if it was done properly under insurance with a warranty? Seller has told me he will provide all paperwork on the repair with the vehicle.
2. Do I have any recourse to get my deposit back? Its only $500, but with a young family to feed, that' a lot to me.

**PG2** · 09-05-2016, 02:27 PM

Is there another car from the seller that you are interested in?

Maybe you could negotiate transferring the deposit onto another car that you like.

Pepscobra · 09-05-2016, 02:33 PM

Quote:

Originally Posted by PG2

Is there another car from the seller that you are interested in?

Maybe you could negotiate transferring the deposit onto another car that you like.

Thanks for reply.
Oops, sorry, forgot to mention it was a private sale. So no, not an option.

Inspector didn't say it was a terrible repair, but it was noticeable.
I'd rather just walk away from the vehicle TBH. But maybe I'm making a big issue about nothing?

Sam_Boss260 · 09-05-2016, 02:38 PM

I think unfortunately if you didn't make it "subject to vehicle inspection" then the onus is on you the buyer, not the seller. Unless he has advertised it "never been in an accident", then you either buy the car or lose your deposit.

I would go and take a closer look yourself to determine how good or bad the repair is. If it is noticeably poor, then try to negotiate. If I was the seller, I'd rather the car sold than just $500.

Tassie f100 · 09-05-2016, 02:55 PM

I would suggest that if the doors were removed to repair rather than being replaced it probably has had a bit of a scrape up the side If the gaps are right and the paint is right I wouldn't think you have anything to worry about.Most good panel beaters repair damage to a better standard than a lot of factory finishes.

Pepscobra · 09-05-2016, 03:11 PM

Thanks for the replies guys.

I do like the car; perfect colour and spec combo I was looking for.
I'm just worried about the unknowns associated with a smash repair.

Squalo · 09-05-2016, 03:25 PM

Can you have the repair assessed by a competent panel shop?

Pepscobra · 09-05-2016, 03:28 PM

Quote:

Originally Posted by Squalo

Can you have the repair assessed by a competent panel shop?

Yes, that is an option.

I was also going to ask for all the paperwork from the repairer and insurance company with the sale. I am told by the seller that it was taken care of by the insurance company by a reputable shop.

**fordomatic** · 09-05-2016, 04:22 PM

So you didn't ask him if it had been pranged before you put deposit down? Depending on how much deposit i put down i would walk away for sure, but i'm a fussy bugger

Pepscobra · 09-05-2016, 04:32 PM

Quote:

Originally Posted by fordomatic

So you didn't ask him if it had been pranged before you put deposit down?

No, I didn't :(
And that was my bad, I know.

**fordomatic** · 09-05-2016, 04:55 PM

Quote:

Originally Posted by Pepscobra

No, I didn't :(
And that was my bad, I know.

Argh that sucks mate. If you would be happy to buy it knowing it's been pranged than go for it. But if you are not then i would walk away or you will always look at it and think if you should have bought it or not

The Yeti · 09-05-2016, 04:43 PM

if it was repaired under insurance, many policies have a life time warranty on the repair, so perhaps if its not quite right you can get it repaired properly

**PG2** · 09-05-2016, 06:25 PM

Quote:

Originally Posted by The Yeti

if it was repaired under insurance, many policies have a life time warranty on the repair, so perhaps if its not quite right you can get it repaired properly

You may want to check on the lifetime warranty.

I think that the warranty only applies to the policy holder and is not transferable.

Pepscobra · 09-05-2016, 07:19 PM

Quote:

Originally Posted by PG2

You may want to check on the lifetime warranty.

I think that the warranty only applies to the policy holder and is not transferable.

Good point.
Can anyone confirm this for sure?
I don't know who the sellers insurance company is, so don't know who to ask.

**PG2** · 09-05-2016, 07:39 PM

Quote:

Originally Posted by Pepscobra

Good point.
Can anyone confirm this for sure?
I don't know who the sellers insurance company is, so don't know who to ask.

Will the seller tell who the insurance company is? Will they tell you who the repairer is?

olfella · 09-05-2016, 08:13 PM

Quote:

Originally Posted by PG2

Will the seller tell who the insurance company is? Will they tell you who the repairer is?

That is the way I would approach your problem. At least then you will be able to make a more informed decision about whether to proceed or cut your losses.

galaxy xr8 · 09-05-2016, 05:13 PM

Just remember if you ever have to sell this car yourself in the future you might have buyers thinking exactly what you are thinking just now, it might cost you more in the long term.

Pepscobra · 09-05-2016, 05:38 PM

Quote:

Originally Posted by galaxy xr8

Just remember if you ever have to sell this car yourself in the future you might have buyers thinking exactly what you are thinking just now, it might cost you more in the long term.

That's what's playing on my mind the most. I think I could probably live with the repair, but its difficult to quantify how much it affects resale later on.

SYZ · 10-05-2016, 03:11 AM

Quote:

Originally Posted by Pepscobra

[...] I think I could probably live with the repair, but its difficult to quantify how much it affects resale later on.

If you think you're gonna get $500 more down the track because of an unmolested body, then you're unfortunately mistaken. Will make zero difference in 5 or ten years.

AUSMINI · 10-05-2016, 10:31 AM

I'm a little lost on this one. What was the point of getting an independent inspection if the sale was locked in? I mean if the inspector said it was not up to scratch mechanically, what was the buyer going to do?

Pepscobra · 10-05-2016, 05:36 PM

Quote:

Originally Posted by AUSMINI

I'm a little lost on this one. What was the point of getting an independent inspection if the sale was locked in? I mean if the inspector said it was not up to scratch mechanically, what was the buyer going to do?

I'm not going to lie, I've brought this situation on myself.
I failed to comply with basic rules when buying a used car; I inspected it at night, didn't get a second opinion, didn't take it for a proper drive. I did kind of rush into it, for whatever reason at the time.
It was only afterwards that I felt uneasy about the vehicle, so I ordered an inspection.
The detailed inspection has picked up a number of items which I'm not totally happy with, in addition to the smash repairs detailed previously.
As it turns out, I've walked away from this vehicle. Seller has begrudgingly said he will EFT my deposit back.
Lesson learned from my side, will be much more careful in the future.

Yellow_Festiva · 09-05-2016, 10:56 PM

Quote:

Originally Posted by galaxy xr8

Just remember if you ever have to sell this car yourself in the future you might have buyers thinking exactly what you are thinking just now, it might cost you more in the long term.

Yes and no.

At the moment, the car is still near new.

If the buyer holds the car for several years a buyer will probably not arrange an inspection and / or assume that an older car has had some work done on it.

And the longer you hold it, the less a impact the repair will have on its value.

I say go for it.

**TUF_302** · 09-05-2016, 05:53 PM

What kind of car is it?

XB GS 351 Coupe · 09-05-2016, 06:16 PM

Pretty sure he should refund your deposit since the car has been in an accident and this has not been disclosed to you, even though he admitted to being well aware of the accident repair after being caught out on it.

I have not looked into the rules relating to this, but the old 'Caveat emptor' or buyer beware is starting to be legislated out of existence and is being replaced with 'Caveat Venditor'

A Latin term meaning “let the seller beware,” the principle of caveat venditor cautions that the seller is responsible for any problem that the buyer might encounter with a service or product, especially if a known problem exists that has not been disclosed to the buyer.

Tassie f100 · 09-05-2016, 07:21 PM

Quote:

Originally Posted by XB GS 351 Coupe

Pretty sure he should refund your deposit since the car has been in an accident and this has not been disclosed to you, even though he admitted to being well aware of the accident repair after being caught out on it.

I have not looked into the rules relating to this, but the old 'Caveat emptor' or buyer beware is starting to be legislated out of existence and is being replaced with 'Caveat Venditor'

A Latin term meaning “let the seller beware,” the principle of caveat venditor cautions that the seller is responsible for any problem that the buyer might encounter with a service or product, especially if a known problem exists that has not been disclosed to the buyer.

So by your reckoning if you have a small bingle you must disclose this to the dealer you trade it to or be prepared to give the dealer his money back if he finds out later that it had in fact had a bit of a scratch up the side

danzvtil · 09-05-2016, 08:08 PM

Quote:

Originally Posted by XB GS 351 Coupe

Pretty sure he should refund your deposit since the car has been in an accident and this has not been disclosed to you, even though he admitted to being well aware of the accident repair after being caught out on it.

.

You forget that the car was presented to the op to make his own judgement on whether the car was suitable for his needs or not. Its at this time the inspection should have been done, before signing an unconditional contract to buy the car.
Cars are damaged and repaired every day, unless it has been done in some backyarders shed, I don't see the huge issue.

olfella · 09-05-2016, 08:12 PM

Quote:

Originally Posted by XB GS 351 Coupe

Pretty sure he should refund your deposit since the car has been in an accident and this has not been disclosed to you, even though he admitted to being well aware of the accident repair after being caught out on it.

I have not looked into the rules relating to this, but the old 'Caveat emptor' or buyer beware is starting to be legislated out of existence and is being replaced with 'Caveat Venditor'

A Latin term meaning “let the seller beware,” the principle of caveat venditor cautions that the seller is responsible for any problem that the buyer might encounter with a service or product, especially if a known problem exists that has not been disclosed to the buyer.

Did you read the bit where he said he did not ask? Being a private sale disclosure becomes a whole new ball game.

DoubleTrouble · 09-05-2016, 09:05 PM

Quote:

Originally Posted by XB GS 351 Coupe

Pretty sure he should refund your deposit since the car has been in an accident and this has not been disclosed to you, even though he admitted to being well aware of the accident repair after being caught out on it.

I have not looked into the rules relating to this, but the old 'Caveat emptor' or buyer beware is starting to be legislated out of existence and is being replaced with 'Caveat Venditor'

A Latin term meaning “let the seller beware,” the principle of caveat venditor cautions that the seller is responsible for any problem that the buyer might encounter with a service or product, especially if a known problem exists that has not been disclosed to the buyer.

Since when is it law a seller must disclose a vehicle has been in an accident, especially for a second hand vehicle.

Smoke Pursuit · 09-05-2016, 09:37 PM

Quote:

Originally Posted by DoubleTrouble

Since when is it law a seller must disclose a vehicle has been in an accident, especially for a second hand vehicle.

You don't have to disclose with new cars either unless it was hail.

DoubleTrouble · 09-05-2016, 06:58 PM

The repair work must be up to good standard since you never noticed it on inspection, the valuer you used obviously did not say anything bad about the repair otherwise it would have been written down for you.

In my opinion if the car was repaired satisfactory then you should not have a problem but what you must consider is the value you paying for this car compared to another one that has not been in an accident, question: did you get it good for a good price to warrant for you to go ahead & purchase it or walk away & look for another unmolested car?