You’ve done your research, gone for a test drive, and purchased a used car from the dealership only to discover something is wrong with the car. What can you do now? Who is responsible for fixing any problems? Can you return the car? In this guide, we’ll outline your key rights under the Consumer Rights Act 2015 if you encounter issues with a used car after purchasing it from a dealership.
Buying a used car can be an exciting but nerve-wracking experience. You want to ensure that you’re getting a reliable vehicle that meets your needs without any hidden surprises. However, if you discover issues with your car after purchasing it, it’s essential to know your rights and options for recourse. Let’s delve into the key provisions of the Consumer Rights Act 2015 and what they mean for you as a consumer.
Understanding the Consumer Rights Act 2015:
The Consumer Rights Act 2015 covers purchases of goods and services between traders (not private sellers) and consumers, including new and used cars. A trader is someone who acts for their trade, business, craft, or profession, while a consumer is someone who is not engaged in trade, business, craft, or profession.
Your Rights Under the Act:
1. Satisfactory Quality: The car should be of satisfactory quality, fit for purpose, and as described. This standard is judged based on various factors, including the car’s age, mileage, value, history, and description.
2. Fit for Purpose: It should be able to function as normally expected. If a dealer has advertised or implied the car is able to carry out a specific function, it is reasonable to expect it carry out that function e.g. carry a certain amount of weight.
3. As Described: the car needs to match the description in the advertisement and the specifications need to match the description in the advertisement.
What to Do If You Discover a Fault:
If you discover a fault with the car, it’s crucial to act promptly:
- Stop driving the car immediately; and
- Inform the dealer as soon as possible; and
- Save all correspondence between yourself and the dealer and make note of verbal exchanges.
If you discover a fault and the criteria mentioned above have not been met, you might still qualify for a refund or repair, depending on the duration of your ownership:
- If you have owned the car for less than 30 days: You have the right to reject the car and claim a full refund if a fault renders the car unsatisfactory in quality, unfit for its intended purpose, or not as described. However, you may also choose to request a replacement or repair instead.
- If you’ve owned the car for over 30 days but less than 6 months: You’re entitled to a repair or replacement, with the dealer choosing between the two options. This must be provided at no extra cost, and the dealer has one chance to carry out the repair or replacement, unless agreed otherwise
- If you have owned the car for over 6 Months: You’ll need to prove that the fault existed at the time of purchase to make a claim for a refund, repair, or replacement.
Using a Warranty: If the car has a warranty, you may be able to use it to fix any problems. However, it’s essential to review the terms and conditions carefully to understand what is and isn’t covered.
Seeking Legal Assistance:
Facing problems with a used car can be frustrating, but it’s essential to know your rights and options for recourse. By understanding the provisions of the Consumer Rights Act 2015 and taking appropriate action, you can protect your interests and seek a resolution to any issues you encounter.
If you’re experiencing difficulties with your car or need assistance in exercising your rights, our litigation department at Aristone Solicitors can help. We have successfully negotiated settlements with dealerships for numerous clients and can provide expert guidance tailored to your situation.
Reach out to us today at the following numbers to connect with a member of our team:
- For inquiries in Luton, dial +441582 383 888.
- For London, call +442034 393 888.
- For assistance in St Albans, ring +441727 519 888.
Alternatively, if you’re accessing this information outside our business hours (9am to 5.30pm Monday to Friday, excluding bank holidays) or prefer to put your request in writing, please use our contact form. We’ll promptly respond within 1 working day.
DIY: If you’ve reached out to the dealership regarding your consumer rights and they’re not cooperating with your request for a resolution, and you’re already familiar with the process but require assistance in completing the claims form, check out our blog post ‘ISSUING A CLAIM: HOW DO I FILL OUT THE CLAIM FORM? OUR TOP TIPS AND FAQS’.
