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Verified Tsikot Member
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- Apr 2015
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- 28
September 24th, 2015 05:25 PM #1Is it applicable to write another legal document stipulating that the car was not flooded or had any previous accidents in the past as claimed by the seller? This will be in conjunction with their open deed of sale since I am buying from a used car dealer.
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September 24th, 2015 05:31 PM #2
the only legal document for buying a used car would be a deed of sale. other than that, there would be no warranties dahil it is general knowledge that the second hand car is bought on an as-is where is basis and no other document or warranties can cover the things that you are looking for.
only thing you can do is to examine the car carefully....hwag mamadaliin...
and besides, if you take the seller to court using the document that you are thinking of, anong batas ang nilabag ni seller? misrepresentation? lemon law? all of which are not covered, imho by buying second hand.
due diligence lang ang kailangan and patience....
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Tsikoteer
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- Jul 2013
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- 2,450
September 24th, 2015 05:38 PM #3Inspect inspect inspect the car. If needed pay someone just to inspect a used car. This will be cheaper than running after the seller later kahit manalo ka pa sa kaso, if ever.
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September 24th, 2015 05:47 PM #4
My brother is a legit 2nd hand car dealer. And says to me that.
1. Buyers usually ask if it's a flooded unit. If you deny it and it is actually a flooded unit you are already guilty of fraud/misrepresentation.
2. On several occasions he stated in the deed of sale a warranty of the unit being flood free and if proven to be there is a money back guarantee. As long as the unit being returned did not suffer any accidents or any other damage while in the use of the buyer for 1month time.
He does this so that buyers would have peace of mind with him and to prove that he is not selling a flooded unit. Until now not one of his buyers returned any unit he sold.
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September 24th, 2015 05:55 PM #5
The flooding part is doable but the accident thing might not be applicable as it is a 2ndhand car you are buying.
If the seller is sure that it is not flooded there is no problem with it being included in the deed of sale. If the seller won't then just look for another car then. Most likely the car he is selling is flooded
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Verified Tsikot Member
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- Apr 2015
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- 28
September 24th, 2015 07:29 PM #6Thank you. This helps. Would it be proper if I ask the seller to indicate on the deed that it is actually a flood free and no history of accidents? We actually will also be doing a careful inspection. We will be bringing along a mechanic, have a second opinion on casa and lastly on an auto repair shop.
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Thank you. This helps. Would it be proper if I ask the seller to indicate on the deed that it is actually a flood free and no history of accidents? We actually will also be doing a careful inspection. We will be bringing along a mechanic, have a second opinion on casa and lastly on an auto repair shop.
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Verified Tsikot Member
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- Mar 2016
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- 11
April 5th, 2016 07:31 AM #7mga sir need ko ng opinyon nyo po.. i bought a second hand car last week and the believe that the private seller was honest and legit. he told me that he is the 1st owner of the car and the car was not involved in any major accident. hes ads also shows that he will guarantee 1 month for his car. after 2 days pinasok ko sa casa and found out that he is the 2nd owner na pala and the car was involved in head on collision. what are my rights for this kind of scenario? what would be my next step to do pag ayaw ibalik ang pera ko... tanggapin ko na wala talaga akong laban na.. please guys help me out on this and give a honest suggestion on this matter.
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April 5th, 2016 07:50 AM #8
If all those promises were not reduced to writing, chances are you cannot get your money back. You should have brought the unit to the casa prior to closing the sale. Not a lawyer here but if uou have friends from the police force, that might do the trick.
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Tsikoteer
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- Mar 2008
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- 52,693
April 5th, 2016 08:01 AM #9as if the seller knew everything that happened to the car from day 1...
"... to the best of his knowledge..."
should the vehicle be subsequently proven to have had an unsavory past, all the bayan seller has to say is, "abaser! na-loko rin pala ako! pareho pala tayong na-loko ng dating may-ari..!" tapos ang usapan. ikaw pa rin ang may-ari ng car-spitz.
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