How can I get my money back for a faulty vehicle?

What is deemed as a faulty car?

• A vehicle is deemed ‘faulty’ if it does not meet the standards set out by law at the time of purchase and this includes new and used cars[1].
• It is also if there is any defect or problem that means the car does not meet the standard a reasonable person would expect given its age, mileage and price.[2]
• These defects could range from mechanical issues such as problems with the engine, safety problems such as faulty airbags and hidden defects such as tampered mileage[3]. These may not be disclosed by the manufacturer or trader selling the vehicle.

What are the requirements of a satisfactory car under UK Law?

Vehicles are deemed ‘goods’ under the Consumer Rights Act 2015, and therefore should be:

• Of satisfactory quality meaning that it should safe, reliable and free from any defects that a reasonable person would not expect, given the vehicle’s age and price.
• Fit for purpose meaning the vehicle should do what it is meant to do including any specific purpose your told by the seller before buying.
• As described: The vehicle must match descriptions given by the seller, whether in adverts, online listings or during the sale[4].

What is the law which governs the issue of a faulty vehicle and can I get my money back on a faulty car?

The Consumer Rights Act 2015 sets out your statutory rights in respect of a defective vehicle:

• It sets out your rights if a vehicle is faulty, but only applies to if you have bought your car in person or online from a trader and not by way of a private sale or auctions.
• If you car develops faults within the first 30 days you have a right to reject it and get a full refund. This is only if your car is not of satisfactory quality and is not fit for purpose of what it was described as by the seller[5].
• After 30 days (within six months) you can usually request a repair or replacement. If the fault cannot be fixed by the seller after one attempt, you may still be able to ask for a refund or a price reduction[6], although the trader may well seek a reduction if a refund is requested, to account for mileage (usage). Be mindful that whether or not you purchased a warranty, your consumer protections are still in place, so do not be dissuaded by a dealer who suggests that you use your warranty for repairs to avoid liability.

Private sales

Buyers in private transactions should be cautious and undertake due diligence prior to purchasing a vehicle. Purchases from individuals (i.e. not traders) are not afforded the same statutory protections as transactions with a trader. It is incumbent on a buyer to ask relevant questions of the vehicle, perform checks such as a HPI and stolen vehicle checks, and ideally, obtain a pre-purchase inspection from an independent mechanic prior to purchase. An inspection can be obtained at a relatively low cost, and worthwhile when you consider the potential cost consequences of purchasing a defective vehicle privately.

Exercise caution with vehicles advertised as ‘sold as seen’ and try to keep a record of correspondence prior to purchase. If a seller makes a false claim about a vehicle’s condition, you may be able to pursue a claim for misrepresentation.

Have you purchased a defective vehicle? Call Summerfield Browne for expert legal advice.

[1] https://contend.legal/consumer/issues-with-buying-or-repairing-a-car/car-purchase-issues/if-you-bought-a-faulty-car/

[2] https://contend.legal/consumer/issues-with-buying-or-repairing-a-car/car-purchase-issues/if-you-bought-a-faulty-car/

[3] https://contend.legal/consumer/issues-with-buying-or-repairing-a-car/car-purchase-issues/if-you-bought-a-faulty-car/

[4] https://contend.legal/consumer/issues-with-buying-or-repairing-a-car/car-purchase-issues/if-you-bought-a-faulty-car/

[5] https://www.hibberts.com/faulty-car-after-purchase/

[6] https://contend.legal/consumer/issues-with-buying-or-repairing-a-car/car-purchase-issues/if-you-bought-a-faulty-car/