Buying a used car? – Your Rights
Kai Hayes (Student)
The rights afforded to buyers of used cars in England and Wales differ greatly depending on who you purchased the vehicle from. More rights are available for those who purchase vehicles from a motor-trader (a dealer) than when you purchase it from a private individual.
Purchasing from a dealer
Useful tips
When you purchase a vehicle, even from a motor-trader it is advisable that you ensure the trader is reputable, an easy way to do this would be to check for memberships to a trade association (this shows that they follow The Motor Ombudsman’s code of practice). It is also advisable that you carry out a vehicle history check and that you conduct an inspection and test drive of the vehicle.
What if the vehicle is defective?
When you purchase a vehicle from a dealer you are protected under the 2015 Consumer Rights Act which provides for a short term right to reject the vehicle if it is of unsatisfactory quality, unfit for purpose or not as described. This short term right to reject allows for you to claim a full refund within 30 days of your purchase.
If you discover an issue with your vehicle after the 30 day period has expired, you may still be able to have it repaired. Any issue that occurs within six months of purchase is presumed to have existed at the time of the purchase and as such the seller should repair the fault if they cannot prove the issue did not exist on the day of purchase.
What if the same issue persists?
If the seller is unable to repair an issue that occurs within the first six months of your ownership or if the same fault persists or a replacement vehicle has an inherent fault you may still request your money back or a partial refund for the vehicle, even if you are out of the 30 day, short term right to reject period. It must be noted however, the seller can deduct the money from a refund if you reject the car after the short term right to reject period due to milage added to the car.
What happens after 6 months?
If a fault occurs more than 6 months from your purchase you do still have some rights to repair of the vehicle, however the burden is on you to prove the issue existed at the time of your purchase.
Purchasing from a private seller
Unfortunately, when you purchase a vehicle from a private seller the ‘buyer beware’ concept applies meaning that the onus is on you to adequately inspect the vehicle before purchasing it. In this situation, it is best to test drive the vehicle and to take someone who knows about vehicles with you when doing your inspection.
You may still have some recourse against a private seller if they knowingly incorrectly describe their goods, such as stating that the vehicle new brakes when in fact they were in need of replacement, but other than this, your rights are very limited.
At BULAC we can help you with consumer rights claims such as those arising from the purchase of a defective vehicle. If you would like an appointment, please call 01248 388411 or email Bulac@bangor.ac.uk for an appointment.