Purchasing a new or used vehicle from a dealership/trader can be both exciting and worrying and one may wonder how they can protect themselves if the vehicle was defective, but they only came to learn this after the purchase.
A consumer’s rights are protected under such conditions, and the legislation that often regulates this is ‘The Consumer Rights Act 2015’ (“CRA”).
The CRA defines a consumer as "an individual acting for purposes that are wholly or mainly outside that individual's trade, business, craft or profession" (section 2(3), CRA).
The CRA defines goods as “any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for supply in a limited volume or set quantity" (section 2(8), CRA). This includes vehicles.
It is important to note an individual must act quickly when discovering that a purchased car is faulty.
The short term right to reject allows a consumer to reject and demand a full refund if the fault is discovered within the first 30 days from delivery/possession of the car. The final right to reject is available to consumers if the fault was discovered after the 31st day and up to 6 years from delivery/possession. However, if a fault was found within the first 6 months delivery/possession, then it is presumed that the contract has not conformed on the date of delivery/possession. Meaning, if a fault is discovered within the first 6 months, then the fault existed at the point of sale. The burden remains on the trader to prove otherwise if the fault was discovered within this period.
If the right to reject is exercised after 6 months of delivery/possession, then the burden shifts to the consumer to prove that the fault existed at the point of sale. A consumer may be entitled to a refund subject to the ‘fair usage’ provision. This provision allows a trader to deduct a fair amount for the use of the vehicle the consumer had.
The CRA also allows a consumer to choose not to reject the vehicle and demand a full refund. A consumer can agree to a repair or replacement of the car. If the repair or replacement does not resolve the issue and the vehicle still does not conform to the contract, then the consumer has the right to a reduction in price, or a final right to reject.
If you have recently purchased a vehicle and have discovered a fault and are unsure of how to proceed or you have rejected the vehicle and the trader is not agreeing to a refund, then do contact our specialist team at Summerfield Browne Solicitors.
