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Sharadakusuma (housewife)     10 July 2012

Car sold now present owner wants 25% money back

I bought a car in Dec 2010. I met with an accident in April2011. I got the car completely repaired by paying 3 lacs( 1 lac was from my pocket). I then sold the car in Dec 2011. I did not inform about the accident then. Now, after 7 months, there seems to be some wheel displacement in the car. The accident has come out. The present owner wants me to refund back 25% of the amount. I want to cover the repair charges. Am I right? What should I do?



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 6 Replies

adv. rajeev ( rajoo ) (practicing advocate)     10 July 2012

Once it is sold he cannot demand for the money back

2 Like

N.K.Assumi (Advocate)     10 July 2012

 I am of the view that you should pay to the vendor. The reasons being that, you concealed the car accident and accidental car creates more problems and hazardous to drive unless the defects are properly taken care of. Since you concealed the vital aspectsof your car,  it lso amounts to misrepresentation in a contract, and you will be liable to pay him maybe not 25% but reasonable amount.You should thank your lucky star that he did not die in the accident.

1 Like

Sharadakusuma (housewife)     10 July 2012

Sir, 

I had got the entire repair done at showroom workshop. I have spent a lot of money on it. He did not meet with an accident. He felt a little misalignment in the wheel. The company would not cover the costs in warranty as they were replaced. It would charge him 15000/-. I am ready to pay that amount. But he wants 25%.

Ajit Singh Cheema (practising Advocate)     10 July 2012

In  the case of used car sales , the sale is generally on "As is where is basis ". If you have not disclosed the fact of accident , you have also not given the undertaking that its a accident free car .You should resist the claim tooth and nail .Dont feel guilty , once on road accidents are normal happenings with the cars .

2 Like

Sharadakusuma (housewife)     10 July 2012

Thank you  sir for the replies. You have really helped me a lot.

1 Like

Sudhir Kumar, Advocate (Advocate)     21 July 2012

If you keep on paying you will end up returning whole price

1 Like

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