Writes and wrongs

I recently bought a 1999 Mercedes CLK 320 AMG from a local garage. All the paperwork was there, and the car was HPI clear. There were a couple of small issues with the car and I got it for £4,500 rather than the £5,000 at which it was advertised. They explained this would have to be a trade sale, etc, which I said was fine. Today the car went into a Mercedes specialist to have a few small bits done. The garage phoned me earlier and said in their opinion, the car shouldn't even be on the road. They said it has had a massive impact on the front that isn't repaired correctly. The lower suspension arm bracket is bent and has been welded back in place with metal plates. The nearside sill is filled with expanding foam so who knows what lies behind there. He said the car looks lovely from the outside, but when you get it up on a ramp, there is serious damage underneath. The classic is, I bought the car with a full MOT and it’s HPI clear. The Mercedes Specialist told me to return it to the trader I bought it from, who, surprise, surprise, doesn't want to know. His stance is, “you bought it as seen”. He claims to have had it serviced and MoTd and to the best of his knowledge the car is safe. I am going to get a second opinion from a local crash repair centre and see what they say, plus a quote to put any damage right. I'm not sure what my rights are and what I should do from here? Can I return the car? I bought it as a trade sale, that’s my worry.

Asked on 21 November 2009 by

Answered by Honest John
You only have the rights of a trader because you actually paid less than Glass's Guide Trade price. You did not pay a retail price for the car. If you buy a car as a trader you are assumed to have some knowledge of what you are doing and take some responsibility for it. There is a chance if you went to law you might get your money back, but I certainly would not bank on it. HPI would only have recorded if the car was an insurance damage write off. Insurance repaired damage is not normally recorded. And if someone smashes a car up badly, then has it fixed at their expense, nothing is recorded in any of the registers that HPI can access.
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