Quote:
Originally Posted by SilverSurfer
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the HPI report was funded by the dealer and therefore the insurance policy/guarantee that HPI provide would be with the dealer.
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The real difficulty here will be proving that the dealer advertised falsely.
It isn't clear to me, but my interpretation is that the dealer did a HPI check, they thought it was clear, a later HPI check showed that it is not clear.
So, in law, your friend has a contract with the dealer. He/She could seek to claim the dealer sold a car other than as advertised.
If my interpretation is correct, the dealer will evidence that they took reasonable steps to check the vehicle, i.e. the HPI report. A court is likely to find in the dealer's favour... they acted reasonably.
Therefore, the "fault" lies either with the previous owner for not disclosing the issue to the dealer or with the HPI check provider for providing an incomplete/erroneous report.
Unfortunately, neither the previous owner, nor the HPI company owe your friend any duty of care, which is the point Silver Surfer has made about the insurance/guarantee.
However, if the dealer is a reasonable sort, they may take up the case with either the previous owner or the HPI provider. They have no real incentive to do that, other than it would be morally and reputationally the right thing to do.
Of course, if it can be shown that they did not get a proper HPI check or falsified/redacted the report to hide the issue, then that is a different story and your friend would have a claim.