Your Rights When Rejecting a Faulty Car

Understanding Your Rights When Rejecting a Car from a Dealer

The prospect of buying a new or used car is often exciting, but unfortunately, not all purchases go smoothly. When a vehicle develops faults shortly after purchase, or doesn't meet the expected standards, many consumers find themselves wondering: "How can I reject my car?" This guide aims to demystify the process, clarifying your legal standing and the practical steps you can take when a dealer is reluctant to accept your rejection.

Rejection: A Legal Remedy, Not Just a Request

It's a common misconception that simply stating "I want to reject my car" or "I want a refund" is enough to initiate your statutory rights. In reality, rejecting a car is a legal remedy for a breach of contract, not merely a request. For your rejection to be effective, you must be able to demonstrate that the contract has been breached. This often involves proving that the car was not of satisfactory quality, not fit for purpose, or not as described at the time of sale. Without proper evidence, your assertion may be dismissed as wishful thinking.

The Crucial Role of Evidence

The burden of proof in any dispute typically lies with the claimant. While the Consumer Rights Act (CRA) makes liability 'strict' for faults appearing within six months of delivery, you still need to provide evidence of this lack of 'conformity'.

What Constitutes Evidence?

• Dashboard Warning Lights: These are indicators, not proof of a fault. They signal the need for diagnostic testing.
• Diagnostic Codes: The results of a vehicle scan can provide specific codes that guide technicians to the source of a problem.
• Garage Reports: A physical inspection by a reputable garage or fast-fit centre, documented in writing, is essential. This report should clearly detail the fault found.
• Misdescriptions: If the car was advertised with specific features or history (e.g., full service history) that are proven to be false, this constitutes evidence of a breach.

Breach of Contract: The Foundation of Your Claim

Once you have gathered evidence, you can establish a breach of contract. This is the cornerstone of your right to reject the car and claim a refund. A breach occurs when the vehicle fails to meet the terms of the contract. Common examples include:

• The vehicle develops a significant fault within a short period.
• The car is not as described in the advertisement or by the salesperson.
• Previous repairs to the vehicle were not disclosed.
• The car has a history (e.g., ex-rental, accident damage) that was not revealed.

When a Repair Fails

If the dealer has already attempted a repair, and the vehicle continues to exhibit the same or other faults, this strengthens your case. A failed repair attempt indicates the dealer's inability to remedy the breach of contract, further entitling you to reject the car.

How to Formally Reject Your Car

While templates are available from organisations like Citizens Advice, it's crucial that your rejection letter or email is precisely worded to reflect the legal basis of your claim. A well-structured communication typically includes three key paragraphs:

1. Contract Details: Clearly state the vehicle's make, model, registration number, purchase date, and price.
2. Breach of Contract: Detail the specific fault(s) or misdescription(s) that constitute a breach of contract. Reference any evidence you have, such as garage reports.
3. Required Action: Clearly state what you expect the dealer to do, usually a full refund within a specified timeframe (e.g., 7 days). Mention that the car will be available for collection upon receipt of the refund.

Example Rejection Letter Content:

Dear Sirs,

RE: [Vehicle Make and Model], Registration Number: [Your Car's Reg]

I am writing regarding the purchase of the above vehicle on [Date of Purchase] for £[Purchase Price]. At the time of sale, you described the vehicle as [mention key descriptions, e.g., having full service history and being in fault-free condition].

However, on [Date Fault Noticed], the vehicle [describe the fault, e.g., the engine failed]. Subsequent investigation revealed that [state the breach, e.g., the vehicle does not have a full service history as claimed], which is a clear breach of our contract.

Consequently, I hereby reject the vehicle and require a full refund of £[Purchase Price]. Please arrange for the refund to be processed within 7 days of the date of this communication. Upon receipt of the refund, the vehicle will be made available for your collection.

Yours sincerely,

[Your Name]

Navigating Legal Precedents and Legislation

Consumer rights have evolved through various pieces of legislation and case law. Understanding these can significantly bolster your position:

Key Legislation and Rulings:

• Consumer Rights Act 2015 (CRA): This act grants consumers the right to reject faulty goods within 30 days for a full refund. After 30 days, but within six months, the dealer has one opportunity to repair or replace. If this fails, you are entitled to a partial or full refund.
• Sale of Goods Act (SGA): This legislation implies terms that goods must be of satisfactory quality, fit for purpose, and as described.
• Bernstein v Palmerston Motors (1987): This case suggested a dealer had three chances to fix a fault before rejection.
• Rogers v Parrish (1987): This ruling indicated a six-month limit for rejection.
• Clegg v Olle Andersson (2003): A landmark House of Lords ruling that a yacht could be rejected more than six months after purchase due to a fundamental, unrectifiable fault present at the time of sale. This case is crucial for faults that existed from the outset, even if discovered later.
• Supply of Goods to Consumers Regulations 2002: These regulations reverse the burden of proof for the first six months. If a product fails within this period, it's presumed to have been faulty at the time of sale, and the trader must prove otherwise.

Minor Faults vs. Significant Breaches

While minor, easily rectifiable faults might not warrant rejection, significant issues that undermine the car's fundamental purpose or were present from the start are grounds for a claim. The concept of 'satisfactory quality' is key here, considering the description, price, and age of the vehicle.

What If the Car is on Finance?

If you purchased your car using finance, the Consumer Credit Act 1974 provides additional protection. Under Section 75, the finance company is jointly liable with the dealer for any breach of contract. This means you can pursue a claim against either party, or both, for a refund or compensation.

Dealer Responsibilities and Misleading Practices

Dealers have a duty not to mislead consumers. This includes:

• Misleading Omissions: Failing to disclose known defects, accident history, or the car's true ownership status (e.g., pre-registered, ex-fleet) is illegal under Consumer Protection Regulations.
• 'Trade Sale' or 'Sold As Seen': These phrases cannot legally override your statutory consumer rights.

The Importance of Professional Advice

Disputes over car rejection can be complex and emotionally taxing. If a dealer refuses your reasonable request for a refund or resolution, seeking advice from a specialist consumer lawyer or a service like The Car Lawyer is highly recommended. They can provide guidance on the strength of your case and the best course of action.

Frequently Asked Questions

Q1: Can I reject a car for a minor fault?

Generally, a minor fault that can be easily and promptly repaired may not be sufficient grounds for rejection. However, if the fault is persistent, affects the car's usability, or if the dealer fails to rectify it after reasonable attempts, rejection may be justifiable.

Q2: How long do I have to reject a car?

Under the Consumer Rights Act 2015, you have 30 days for an 'early right to reject' for a full refund if the goods are not as described, not fit for purpose, or not of satisfactory quality. After 30 days but within six months, if a fault appears, the dealer has one chance to repair or replace. If this fails, you can claim a refund (potentially with a deduction for use).

Q3: What if the dealer offers a repair instead of a refund?

Within the first six months, if a fault appears, the dealer has the right to offer a repair or replacement. However, if this repair is unsuccessful, or if the fault reoccurs, you are then entitled to reject the car and claim a refund. If the fault appears after six months, the burden of proof shifts to you to show the fault existed at the time of sale.

Q4: Can I get a refund if I bought the car privately?

Consumer rights primarily apply to purchases from traders. When buying privately, your rights are more limited. You still have rights under contract law, such as the implied term that the seller has the right to sell the goods (s.12 SGA) and that goods sold by description match that description (s.13 SGA). However, the extensive protections of the CRA 2015 do not apply.

Q5: What are consequential losses?

Consequential losses are additional costs incurred due to the faulty vehicle, such as the cost of hiring a replacement car, travel expenses, or lost earnings, if these were a direct result of the vehicle's failure and were reasonably foreseeable. A successful claim for consequential losses can be made under the Sale of Goods Act.

Remember, acting promptly and gathering thorough evidence are your strongest tools when dealing with a faulty vehicle. Always keep copies of all correspondence and receipts.

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