Your Rights When Buying a Faulty Car

Understanding Your Consumer Rights When Buying a Car

Purchasing a car, whether brand new or pre-owned, is a significant investment for most people. It's therefore incredibly frustrating and financially damaging when that investment turns out to be a lemon. Unfortunately, complaints regarding faulty cars, particularly those bought from dealerships or via Hire Purchase (HP) agreements, remain a common issue. This often stems from a misunderstanding of consumer law and the specifics of vehicle sales. While the internet offers a wealth of information, and legislation lays down the framework, the practical application and the nuances of consumer protection can be complex. This article aims to clarify your rights and empower you when faced with a sub-standard vehicle.

The Consumer Rights Act 2015: A Game Changer

To truly grasp your rights, it's essential to understand the purpose behind the Consumer Rights Act 2015. Prior to this legislation, the car market, in many respects, was an unregulated Wild West. Consumers were frequently sold vehicles with hidden defects, often at inflated prices, by unscrupulous traders. This not only caused financial hardship to individuals but also had a detrimental effect on the wider economy by removing money from circulation. Parliament intervened to address these issues, intending to raise the standards of vehicles sold and to penalise those dealerships that consistently flouted good practice by selling substandard cars. This Act provides a crucial safety net for consumers, ensuring they are not left out of pocket or stuck with a vehicle that doesn't meet acceptable quality standards.

Can You Repair, Return, or Reject a Faulty Car?

The Consumer Rights Act 2015 provides a clear framework for dealing with faulty goods, including cars. It addresses two of the most frequently asked questions by consumers and car dealerships alike:

• Who is responsible for returning the vehicle for repair or rejection?
• Where does it state you can reject the car if it's not repaired within a reasonable period?

Let's break down these crucial points.

Responsibility for Returns and Repairs

The legislation clearly places the onus on the seller to bear all costs associated with a repair or rejection. This means that, in most cases, you should not incur any expenses for the return of a faulty vehicle. This includes the cost of transport, carriage, labour, and any necessary materials for the repair. The principle is that the goods you receive should be of satisfactory quality, and if they are not, the seller must rectify the situation at their own expense.

However, a common scenario arises where the dealer agrees to a repair or replacement but balks at covering the transportation costs. In such situations, it is advisable for the customer to arrange for the delivery of the vehicle to the dealer and then claim these consequential costs separately. Documenting all communication and expenses is vital in these instances.

The "Repair in a Reasonable Time or Reject" Principle

The second question is equally important. The Act is designed to prevent dealers from indefinitely delaying repairs. Imagine a scenario where a dealer agrees to fix a fault but then takes months to do so, leaving you without your vehicle or with a constantly malfunctioning car. This would completely undermine the purpose of consumer protection laws. Therefore, the law provides a strong incentive for businesses: they must prioritise repairs and complete them within a reasonable period. Failure to do so significantly increases the risk of the car being rejected by the consumer.

The concept of a "reasonable period" is not explicitly defined by a set number of days, as it can depend on the nature of the fault and the vehicle. However, the recent Court of Justice of the European Communities judgment, which influences UK consumer law, reinforces this principle. Essentially, if a repair is not feasible, if the cost of repair is disproportionate to the value of the car, or if the repair is not completed within a reasonable timeframe, you are entitled to seek a refund.

Understanding Your Entitlements: A Timeline Approach

The Consumer Rights Act 2015 provides tiered remedies based on how soon after purchase a fault becomes apparent:

What Constitutes a "Reasonable Time"?

The definition of a "reasonable time" for repairs is subjective and depends on the specific circumstances. Factors that might be considered include:

• The nature and complexity of the fault.
• The availability of parts.
• The time of year (e.g., delays around public holidays).
• The impact of the fault on the usability of the car.

Generally, if a dealer cannot complete a repair within a few weeks, or if they repeatedly fail to fix the same issue, it is likely that a reasonable time has been exceeded. It's crucial to maintain clear communication with the dealer and keep records of all requests for repair and the timeframes involved.

When Can You Reject a Car?

You have the right to reject a car if it is not of satisfactory quality, not fit for purpose, or not as described. Specifically, in relation to repairs, you can reject the car if:

• The fault appears within the first 30 days of purchase.
• A repair or replacement has been attempted but was unsuccessful.
• The dealer has failed to carry out a repair or replacement within a reasonable time.

When rejecting a car, you are entitled to a refund. The amount of the refund may be reduced to account for the use you have had from the car, particularly if the fault became apparent after the initial 30-day period. However, you cannot be charged for the use of the vehicle if you are rejecting it within the first 30 days. If the seller refuses to provide a refund or a satisfactory resolution, you may need to consider further action, such as mediation or small claims court.

What If the Car Wasn't Repaired Properly?

If a car is returned to you after a repair, and the same fault persists, or a new fault arises that is linked to the repair, this generally constitutes an unsuccessful repair. In such cases, you regain your right to reject the vehicle. The dealer has had their opportunity to rectify the issue, and their failure to do so means you can pursue a refund or a different remedy. It's important to be clear that the repair was not successful and to state your intention to reject the vehicle based on this failure.

Frequently Asked Questions (FAQs)

Q1: Can I reject a car if it's only got a minor fault?

A1: Yes, if the fault means the car is not of satisfactory quality, fit for purpose, or as described. Even minor faults can be grounds for rejection, especially within the first 30 days. After 30 days, the dealer has the right to offer a repair or replacement first.

Q2: Do I have to let the dealer repair the car multiple times?

A2: The dealer is generally entitled to one opportunity to repair or replace the faulty item. If that repair is unsuccessful, or if it's not done within a reasonable time, you can reject the car. You don't have to endure endless repair attempts if the core issue isn't resolved.

Q3: What if I bought the car privately, not from a dealer?

A3: Your rights are significantly more limited when buying from a private seller. The Consumer Rights Act 2015 primarily applies to sales by traders. If you buy from a private seller, the car must be "as described," and you cannot generally reject it simply because it's not of satisfactory quality, unless it was misrepresented.

Q4: How do I prove the fault was there from the start?

A4: Within the first six months, the law presumes that any fault present was there at the time of purchase. After six months, the burden of proof shifts to you, meaning you might need to provide evidence, such as expert reports, to show the fault existed when you bought the car.

Q5: What if the dealer offers a discount instead of a repair?

A5: You can accept a price reduction if you choose to keep the car despite a fault. This is a valid resolution if you are happy with the car for a lower price. However, you are not obligated to accept a price reduction if you want a fully functioning car and are entitled to a repair, replacement, or rejection.

Seeking Professional Advice

Navigating consumer rights can be daunting. If you're facing issues with a faulty car and unsure of your next steps, seeking professional advice is highly recommended. Solicitors specialising in consumer law or motor trade law can provide expert guidance and support, ensuring your rights are protected. Many offer initial free consultations, which can be invaluable in understanding your options.

Remember, the Consumer Rights Act 2015 is a powerful tool designed to protect you. By understanding your rights regarding the repair, return, or rejection of faulty vehicles, you can approach car purchases with greater confidence and ensure you receive the quality and service you deserve.

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