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Cat D right off

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Does anyone know if a private seller has to declare a cat d if they sell it.Or if they are asked by a perspective buyer do they have to declare it. My son in law has just purchased a small car to use for work, for carrying his tools etc and did ask the seller if he knew of any problems with the car and was told "no, no problems".If its not illegal it is certainly very devious in my opinion.:(

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