Your Rights When Buying a New Car

Understanding Your Rights: The Consumer Rights Act 2015 and New Cars

Purchasing a new car is a significant investment, and it's crucial to understand the legal protections you have in place should anything go awry. The Consumer Rights Act 2015 (CRA 2015) provides a robust framework designed to safeguard consumers, including those buying new vehicles. This legislation clarifies what you can expect from a product and what recourse you have if it doesn't meet satisfactory standards. From the moment you drive your new car off the forecourt, the CRA 2015 is in effect, offering varying degrees of protection depending on how soon a fault is discovered.

The 30-Day Window: Full Refund Entitlement

The most comprehensive protection under the CRA 2015 is available within the first 30 days of purchase. If, during this period, your new car is found to be unfit for purpose, faulty, or not as described by the retailer, you have an unconditional right to return it for a full refund. This means you can cancel the contract and get your money back without any deductions. This also extends to situations where you've ordered a car for delivery and it hasn't arrived within 30 days of the purchase date, or by any subsequently agreed-upon delivery date. In such cases, you can cancel the order and receive a full refund.

30 Days to 6 Months: The Right to Repair and Potential Refund

Once you pass the initial 30-day period, your rights evolve. If a fault emerges between 30 days and six months after purchase, the onus generally shifts to the retailer to offer a repair. The CRA 2015 typically allows the retailer one opportunity to repair the vehicle if the fault is discovered within this timeframe. This is because, during this period, it's presumed that the fault was present at the time of sale, and a repair is often considered a proportionate solution, especially when compared to the cost of a replacement car. However, if the retailer cannot repair the car successfully, or if the fault persists after a repair attempt, you are then entitled to a refund. It's important to note that the retailer may be able to make a reasonable deduction from this refund to account for your use of the vehicle during the preceding months.

Consider the case of a customer whose brand new car developed a leak in the passenger footwell within five months of purchase. After returning it to the dealer for repair, which took approximately four weeks, the leak reoccurred. Following a second repair attempt for a different area, the original leak reappeared. In this scenario, after the retailer’s unsuccessful attempts to rectify the fault, the customer would be entitled to reject the car and request a refund or a replacement, subject to a deduction for usage.

Over 6 Months: Proving the Fault at Purchase

After six months have passed since the purchase date, the burden of proof shifts to you, the consumer. To claim a remedy under the CRA 2015, you must be able to demonstrate that the fault was present at the time of purchase. This can be challenging and often requires expert evidence, such as a report from a qualified mechanic or engineer, to substantiate your claim. Without such evidence, it can be more difficult to hold the retailer accountable for faults that appear after this extended period.

An example of this situation involves a customer who purchased a new car that leaked from the driver's window from the outset and exhibited poor acceleration. Despite multiple attempts by the garage to fix the issues, the problems persisted, and the dealer became unresponsive. In such a case, the customer would need to gather evidence, potentially through independent inspections, to prove the car was faulty when bought. If successful, they could then pursue remedies such as repair, replacement, or a refund, though the latter might be subject to deductions for use.

What If You Can't Agree with the Retailer?

If you encounter difficulties reaching a satisfactory resolution with the car retailer, several avenues are available:

• Mediation/Arbitration: You can contact organisations like the Society of Motor Manufacturers and Traders (SMMT). With the agreement of both parties, they can act as an arbitrator to help resolve the dispute.
• Trading Standards: Referring the matter to your local Trading Standards office can provide valuable guidance and support.
• Legal Advice: Many motoring organisations, such as the RAC and AA, offer legal advice to their members. For more complex cases, consulting a solicitor is advisable. While engaging a solicitor can incur costs, if you win your case, your legal costs are often recoverable from the other party.

Key Takeaways for New Car Buyers

The Consumer Rights Act 2015 aims to simplify consumer protection and empower buyers. However, it's crucial to remember that your rights are strongest in the immediate period following purchase. Therefore, it is highly recommended to:

• Thoroughly inspect your new car immediately upon delivery or collection.
• Document any issues or discrepancies you find.
• Notify the retailer of any faults as soon as possible to ensure you can take full advantage of the legal protections available.

Common Scenarios and Consumer Rights

Here's a look at some common issues consumers face and how the CRA 2015 might apply:

Frequently Asked Questions (FAQs)

Q1: Can I return a new car if I simply change my mind within 30 days?

A1: No, the Consumer Rights Act 2015 provides a right to return for a full refund only if the car is faulty, unfit for purpose, or not as described within the first 30 days. A change of mind is not covered by this specific provision.

Q2: What if the dealer offers a repair, but I want a refund?

A2: Within the first six months, if a fault appears, the retailer generally has the right to attempt a repair. If the repair is unsuccessful, or if the fault reappears, you can then pursue a refund or replacement. After six months, proving the fault existed at purchase is key, and repairs are more commonly expected.

Q3: I bought a car with an aftermarket part that failed. Who is responsible?

A3: If the aftermarket part was fitted by the dealer before sale and contributed to the failure, the dealer is likely responsible under the CRA 2015 if the car is not fit for purpose. If you fitted it yourself or it was fitted by a third party without the dealer's involvement, your recourse might be with whoever fitted the part.

Q4: My new electric car's battery is not holding charge. What are my rights?

A4: Battery performance issues in an electric vehicle are considered a fault. Depending on how soon after purchase the issue arose, you would have rights to repair, replacement, or a refund under the CRA 2015, similar to any other vehicle fault.

Q5: I was not informed about the risk of catalytic converter theft for my hybrid car. Can I return it?

A5: If the risk of catalytic converter theft was a significant factor in your purchasing decision and was not disclosed, you might have grounds to argue the car was mis-sold or not as described, potentially allowing you to reject it, especially if the non-disclosure amounts to a misrepresentation.

Conclusion

The Consumer Rights Act 2015 offers significant protection for new car buyers in the UK. Understanding the timelines and your entitlements, particularly the crucial first 30 days, is paramount. Always inspect your vehicle thoroughly, keep records of all communications and repairs, and don't hesitate to seek advice if you encounter issues with your new car. Being an informed consumer is your best defence against faulty goods and ensures you can hold retailers accountable for the quality of the vehicles they sell.

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