When Buying A Car Do You Know Your Rights?
For most of us buying a previously loved car is an exciting time, sadly for a few, the honeymoon period with our new car can turn into a nightmare. Well there’s good news for all those who are filled with used car dread when they are picking their next vehicle.
The Consumer Rights Act 2015 came into force on the 1st October so you can now say goodbye to the used car blues and make your purchase with a confident smile on your face! The RAC estimate that only 1 in 20 motorists are aware of the new ‘right to reject’ contained in the Act, if you don’t know, don’t panic here is the Rivervale guide everything you need to know …
The Consumer Rights Act 2015 replaces the Sale of Goods Act to try and make a clearer and easier to understand law for consumers. The Act will apply to all consumers regardless of product and all businesses who sell directly to consumers and ensures a consumers good will be;
- Of satisfactory quality
- Fit for purpose as made known by the consumer
- As described
- Match a sample or model
- Be correctly installed, if an installation is part of the contract
- Meet any requirements in the contract/express terms regarding the goods
All this spells good news for those buying a used vehicle. If the worst should happen and a consumer feels these legal requirements have not been met, the vehicle can be returned within 30 days for a refund – the consumer has a ‘right to reject’ the vehicle. If the consumer would like to give the car dealer a chance to put the car right – the dealer must repair or replace the vehicle;
- Free of charge
- Within a reasonable amount of time
- Without causing any significant inconvenience
The dealer has one chance to put things right, unless repeat repairs are specifically requested by the consumer. If the replacement or repair fails and unreasonable inconvenience has been caused, the customer still has the right to reject the vehicle and receive a refund OR keep the vehicle along with a reduction in price.
The onus to sell a vehicle in good condition is placed upon the dealer as for the first 30 days after a sale, any defects are assumed to have been present at the sale of the vehicle. The rights of the consumer do continue after the initial 30 day period, for an entire 6 months after the sale date. But, it would be the consumer’s responsibility to prove a defect existed prior to their ownership to receive free repairs from the dealer or finally reject the vehicle.
There are some rules in place to protect dealers from customers who may try to take advantage of the new Consumer Rights Act. Under the Act consumers will NOT be able to claim if;
- The fault is due to reasonable wear and tear
- Faults or damage were obviously caused by the consumer
- If the consumer simply changes their mind about their purchase, so if you buy a convertible then decide you would prefer a 4x4, you wouldn’t be entitled to a refund!
- If faults or defects were made clear before the sale OR if the consumer inspects the vehicle before purchase and faults/defect are thought to be obvious.
Consumers can also not ask for a replacement or repair that creates a disproportionate burden on the dealer – so you cannot ask for a complete new engine if just one component is defective! Also if the consumer wants to reject their purchase in the first 6 months after the sale, the dealer can take into account their enjoyment and use of the vehicle up until that time and give a refund that reflects this.
This new law should help the reputation of used car dealers as standards are being driven up, so hopefully the amount of trust in used car dealers should also rise! The Consumer Act 2015 should help get rid of all those dishonest car dealers still lurking around.
Here at Rivervale we are aware of the Consumer Rights Act 2015 but it’s causing us no concern! Only the highest quality of used vehicles are sold here. In the very, very unlikely event that anything goes wrong once you have collected your new vehicle from us, you will have our 6 month Rivervale Warranty to protect you that we supply with every approved used vehicle we sell!
To see our selection of approved used vehicles – take a look on our website.
The comments above do not necessarily reflect Rivervale's views unless clearly stated.
5 October 2015
Written by Natalie Faughy