New and Used Car Sales (31 Articles)
Back to Knowledge HubWhat happens if I find a fault within 30 days of buying a car?
If you find a fault with your vehicle within the first 30 days, you can raise this with the seller and ask for your money back. You may be entitled to a full refund.
If you are outside of the first 30 days, the seller has one opportunity to repair or replace your vehicle. If you are reporting a fault within the first six month, it is presumed this fault was there at point of sale. The seller will need to prove otherwise. If outside of the first six months, you will need to prove this fault was there at point of sale.
The seller has only one opportunity to repair or replace, and if this fails because the same fault persists or a new inherent fault has developed, you can ask for a price reduction, which means a partial refund but you keep your vehicle. Alternatively, you can ask for rejection, which is to return the vehicle and get your money back. Remember, the seller is entitled to deduct usage, which is usually the miles you have added to the vehicle.
What can I do if a business is unable to fulfill my vehicle order?
There may be occasions where a business is unable to fulfill your vehicle order for a variety of reasons. It may be that the vehicle can no longer be supplied due to production issues, be at the end of its product lifecycle, or a specific specification has been withdrawn since the time of order.
- Production of the specific model is cancelled
For example, If you have placed a deposit down at the time of order, and the business is unable to supply the car due to production issues or if your chosen specification cannot be provided, a refund will often be due. Similarly, if the seller needs to cancel the order if a car is no longer available, a deposit refund will also apply.
A deposit implies that you have a contract with the business, so if they are unable to fulfill the contract, other remedies may also be considered. However, these can vary greatly depending on the circumstances.
If an order has been cancelled by the seller without prior authorisation from yourself, it is important to speak to them in the first instance to see what remedies can be offered to put you back in the situation you would have been in, had the contract been fulfilled correctly or if the order had never been made.
- Delivery has been delayed beyond the scheduled date
In this instance, it is important to check the terms and conditions attached your order form to understand whether there are any terms related to a delivery date or delays, as well as whether the scheduled date was an estimate or not. It may also be worth speaking to the business to discuss whether any assistance can be provided or any issues that have arisen due to the delay, so these can be addressed whilst the vehicle remains on order.
- The vehicle specification needs to be changed
There may be instances where the specification ordered may no longer be produced or be changed due to factors including parts shortages. In these instances, the seller should contact you to inform you of any changes so that you have the option to decide whether to keep the vehicle with the changes, or make a claim for a refund or another remedy.
- The vehicle is delivered with the incorrect specification
If, on the day of handover, your car has a different specification compared to what was ordered, which may once again be due to factors, such as parts shortages or errors made during the ordering or manufacturing process, or due to the withdrawal of product lines, it is worth speaking to the business in the first instance to see if they are able to correct the order such as retro-fitting parts, re-order a new vehicle, or make other remedies available to you.
What to do about a used car problem?
Following the purchase of a used car, you may encounter an issue with the vehicle, such as it needing repairs for a mechanical failure or fault. Depending on your circumstances, this may be covered by a warranty (i.e. that provided by the manufacturer or an extended vehicle warranty provider) or under your legal rights as a consumer.
Warranty
If your used car is still covered under the manufacturer’s warranty policy, which may be up to seven years, you may be able to claim for the repair of the fault under the terms of the warranty.
The policy will set out each parties’ obligations, and the process on submitting a warranty claim, which normally involves booking your vehicle into a main dealer for diagnostics. Following on from this, the main dealer will submit a warranty claim to the manufacturer. If the manufacturer accepts the fault to be a defect, they will authorise a free of charge repair. If they do not agree it is a defect, they will refuse your claim and explain the reasons why.
If your car has been sold with an extended warranty product, or you have chosen to purchase a policy, you may also be able to claim for the repairs. You should check the claims process highlighted by the policy, as well as the coverage provided.
Your consumer rights
You can exercise your legal rights, but you will need to contact the seller (a franchise dealer or independent retailer) who sold you the used car. If you discover your vehicle is of unsatisfactory quality, unfit for purpose, or not as described, within the first 30 days, you can raise this with the seller and ask for your money back. You will be entitled to a full refund.
It is worth noting that satisfactory quality regarding a used vehicle may be subject to what can be expected on a vehicle of that age, mileage, or price. For example, something that is unsatisfactory on a new car, such as the failure of a turbo within a short period after purchase, may not be considered unsatisfactory on a used vehicle if this component had reached the end of its serviceable life at the time the car was bought.
If an issue occurs with a used vehicle after the first 30 days of ownership, the seller has one opportunity to repair or replace your vehicle. Similarly, if a fault occurs within six months from the point of sale, it is presumed that it was there when the car was sold. In this scenario, the burden is on the seller to prove that the issue was not there at the time of sale, but if a fault is discovered outside of this six month period, you will need to demonstrate the issue was there at point of sale, and is therefore of unsatisfactory quality.
If the issue re-occurs following the repair with your existing car, or a fault is discovered with the replacement vehicle, you can ask for a price reduction, which means a partial refund, but you keep your vehicle. Alternatively, you can ask for rejection, which is to return the vehicle and get your money back. Remember, the seller is entitled to deduct a sum for usage, which is usually the miles you have added to the vehicle during ownership.
What can I do if I have a dispute with a BMW dealership?
If you have a complaint against a BMW dealership, because of actions taken by the business, then you should contact them directly. This is because BMW UK and their franchise car dealerships are separate companies. This means that BMW the manufacturer is not liable for the actions of its car showrooms.
If you are unhappy with the final response of the business in relation to the dispute, or more than eight weeks has passed since raising the complaint with them, you may escalate the complaint to The Motor Ombudsman for further investigation.
What can I do if I have a dispute with BMW UK?
BMW UK is committed to providing goods and services at a high standard. However, on some occasions, things can fall below a customer’s expectations.
If you have a complaint about BMW UK, because of actions taken at the factory, or as a result of the poor advertising by the manufacturer, then the BMW UK complaints procedure can be found here.
If you are unhappy with the final response of the business, or more than eight weeks has passed since raising the complaint with them, you may escalate the complaint to The Motor Ombudsman for further investigation.
If the issue is with a BMW dealership about a car purchase or service or repair, you should try to resolve the issue with the dealership directly and not the BMW UK head
What can I do if I have a dispute with an Audi dealership?
If you have a complaint against an Audi dealership, because of actions taken by the business, then you should contact them directly. This is because Audi UK and Audi franchise dealerships are separate companies, so Audi the manufacturer is not liable for the actions of its franchise car dealerships.
If you are unhappy with the final response of the business in relation to the dispute, or more than eight weeks has passed since raising the complaint with them, you may escalate the complaint to The Motor Ombudsman for further investigation.
What can I do if I have a dispute with Audi UK?
Audi UK prides itself in being able to deliver outstanding customer service, however they understand that customers are sometimes left dissatisfied by their actions.
If you have a complaint about the actions of Audi UK, including poor advertising by the manufacturer, then the Audi UK complaints procedure can be found here.
If you are unhappy with the final response from Audi UK, or more than eight weeks has passed since raising the complaint with them, you may escalate the complaint to The Motor Ombudsman for further investigation. Audi UK is accredited to The Motor Ombudsman’s New Car Code.
If the issue is with an Audi dealership about a car purchase or service or repair, you should try to resolve the issue with the business directly and not the Audi UK head office.
How many cars can be sold privately before that person is deemed to be a trader?
There is no minimum number of cars an individual can sell before they are deemed to be a trader. A person will only be considered a trader if they buy cars mainly for the purpose of reselling them at a profit, regardless of the number of vehicles sold each year.
Is The Motor Ombudsman able to resolve my dispute with a private seller?
Unfortunately, we are not able to assist with resolving a dispute with a private seller or individual (i.e. they are not a business or trader) following a vehicle purchase. We are only able to work on cases in relation to one of our accredited businesses (please take a look at our online Garage Finder).
It is important to bear in mind that you have fewer rights when you buy a car from a private seller, and some parts of the Consumer Rights Act don’t apply to this type of sale e.g. there is no legal requirement for a car to be of satisfactory quality or fit for purpose. In addition, the vendor is not able to tell you something about the vehicle which is not true, but the onus is on you as the buyer to ask all the right questions before deciding whether or not to make the purchase.
If there is an issue with the car after you have bought it from a private seller, and you are able to prove that the vendor knew about a fault, but withheld the information, you can speak to Citizens Advice with a view to taking possible legal action.
What do I do if I think my new car was mis-sold to me?
If you deem your car to have been mis-sold to you (i.e. you didn’t receive what you paid for), then a the business has an obligation to either bring the car up to standard, to replace it, or provide you with a refund.
If you wish to make a complaint about the fault under your consumer rights, then you have up to six years from the date that you bought the car, to contact the seller to raise the issue.
In order to resolve your issue, you should firstly raise your concern with your seller directly, ideally by submitting a formal complaint to the business in line with their in-house complaints procedure.
If you are unhappy with the final response of the business or more than 8 weeks has passed since raising the complaint with the business then you may escalate the complaint to The Motor Ombudsman for further investigation.
What do I do if I have bought a faulty vehicle?
You may wish to make a claim under your manufacturer’s warranty or by persuing the claim in accordance with your legal rights.
Claiming under the vehicle manufacturer’s warranty
If the fault with the vehicle is due to poor workmanship or parts used during the build process, you may be able to make a claim under your manufacturer’s warranty. To do this, you will need to follow the process as set out in the terms and conditions of your policy.
Making a claim using your consumer rights
If you wish to make a complaint about the fault under your consumer rights, then you have up to six years from when you bought the car to contact the seller to raise the issue.
If the fault was present at the point of sale, you may be able to make a claim against your seller. Please note that this protection does not include faults which a reasonable person would have identified at the point of sale.
In order to resolve the issue, you should firstly raise your concern with your seller directly, ideally by submitting a formal complaint to the business in line with their complaints procedures.
If you are unhappy with the final response of the business, or more than eight weeks has passed since raising the complaint with them, you may escalate the complaint to The Motor Ombudsman for further investigation.
Does The Motor Ombudsman cover motorcycles?
Unfortunately, The Motor Ombudsman does not currently investigate complaints about motorcycles.
You may wish to contact The Motor Cycle Industry Association Ltd, or Citizens Advice h in order to resolve your dispute.
Does The Motor Ombudsman cover commercial vehicles?
If your complaint is about a vehicle which was bought in the name of a business, is now owned by a business, or is primarily used for business purposes, this unfortunately does not fall within our remit. This is because you are not classed as a private individual under the Consumer Rights Act 2015, and we won’t be able to investigate a car purchase or service/repair complaint.
However, we can investigate complaints under your warranty agreement against your manufacturer or warranty provider.
As a business, it may also be useful to note that Trading Standards has developed a useful website called Business Companion which is aimed at helping small to medium enterprises understand their legal obligations. It provides free, impartial advice to traders through a range of basic and in depth guides. You can find more information here;
Do The Motor Ombudsman’s Codes of Practice apply to cars bought at auction?
Unfortunately, auctions and private sales are not within The Motor Ombudsman’s remit.
You may wish to contact Citizens Advice who will be able to help you understand your legal rights, and give you advice on the best course of action. You can call them on 0345 404 0506 or visit their website here.
We are sorry that we cannot help you on this occasion but please do get back in touch if you need anything further.
Can I return my car within 14 days of buying it?
Your ability to request a refund within 14 days will be affected by the method used to buy the car, and also whether the sale was made at a distance (e.g. over the phone or online), or whilst at physical premises (e.g. car dealership).
“Off-premises” / distance sale – The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, defines a distance sale to be a contract where the purchase of the goods is conducted “off-premises”, such as an online purchase. In an “off-premises”/distance sale, the customer has 14 days after delivery of the goods to cancel the order. If the business does not inform the consumer of their 14-day right to cancel, then the consumer will have up to 12 months after delivery of the goods to cancel the order. Additionally the consumer does not need to provide a reason for cancelling.
“On-premises” sale – If the car purchase is made on the premises of the business (e.g. an independent garage or car dealership), you will only be able to request a refund for the car if there is a problem with it. Under the Limitation Act 1980, s5, you have up to 6 years from the point of sale to make a claim for breach of the sales contract.
Under the Consumer Rights Act 2015, if the vehicle is found to be defective, based on your first tier of rights, you may request within the first 30 days of purchase;
- The rejection of the vehicle in return for a full purchase refund; or
- For the trader to repair the vehicle; or
- For the trader to replace the car like-for-like.
However, if the vehicle is found to be defective outside the first 30 days of purchase, you may request:
- A rejection of the vehicle if the trader has exhausted their “one shot” at repair ( the seller would be entitled to make a reasonable deduction for your use of the vehicle);
- To keep the vehicle in its defective state, in exchange for an appropriate price reduction, if the trader has exhausted their one shot at repair; or
- To be awarded a like-for-like replacement vehicle.
Can I claim compensation?
Unlike a civil court, The Motor Ombudsman’s adjudication service does not award compensation for losses which are not easily quantifiable such as loss of earnings, inconvenience or stress.
If you have suffered a demonstrable financial loss due to the actions of an accredited business, we can instruct the business to refund the money – but we would not stipulate an amount of general compensation. We tend not to make financial awards for things that cannot be easily quantified as stated in our enquiry form under “Adjudication Terms of Use”.
What to do about a new car problem
If you have a new vehicle, which is still under warranty, and you have a fault, you have two options.
Warranty
You can pursue the fault under your warranty. The warranty will usually have terms and conditions, which set out each parties’ obligations. It will also set out the process on submitting a warranty claim, which normally involves booking your vehicle into a main dealer for a diagnostic (check). Following on from this, the main dealer will submit a warranty claim to the manufacturer. If the manufacturer accepts the fault to be a defect, they will authorise a free of charge repair. If they do not agree it is a defect, they will refuse your claim and explain the reasons why.
Your consumer rights
You can exercise your legal rights but you will need to contact the seller who sold you the car. If you discover your vehicle is of unsatisfactory quality, unfit for purpose or not as described within the first 30 days, you can raise this with the seller and ask for your money back. You will be entitled to a full refund.
If you are outside of the first 30 days, the seller has one opportunity to repair or replace your vehicle. If you are reporting a fault within the first six month, it is presumed this fault was there at point of sale. The seller will need to prove otherwise. If outside of the first six months, you will need to prove this fault was there at point of sale.
The seller has only one opportunity to repair or replace and if this fails because the same fault persists or a new inherent fault has developed, you can ask for a price reduction, which means a partial refund but you keep your vehicle. Alternatively, you can ask for rejection, which is to return the vehicle and get your money back. Remember, the seller is entitled to deduct usage, which is usually the miles you have added to the vehicle.
What is the Consumer Rights Act, and how does it affect my vehicle purchase?
If you bought your car after 01 October 2015, the Consumer Rights Act 2015 applies. This means that, when you buy the vehicle, it has to be of satisfactory quality, fit for purpose and as described.
Within the first 30 days, if there’s a problem that means your car doesn’t meet these standards, it develops a serious fault or you find that it isn’t what was advertised to you, you can raise this with the seller and ask for your money back. In this instance, you will be entitled to a full refund.
If you report the problem outside of the first 30 days, you have to give the selling dealership or garage one opportunity to repair or replace your car, with repair normally being the best option.
If this fails because the same fault persists, or a new inherent fault has developed, you’ve then got two options: a price reduction, meaning you keep the vehicle and get back some of the money you paid for it or, to exercise your final right of rejection – where you will be entitled to a refund of what you paid for the car minus a deduction for any usage you’ve had. This is usually calculated by looking at how many miles you’ve added to the vehicle, and charging a certain amount of pence for each mile driven.
It’s worth bearing in mind that, if the issue occurs in the first six months after buying the car, it’s up to the selling dealership or garage to prove that it was of satisfactory quality, fit for purpose and as described when they sold it to you. However, if you want to reject your car for a full refund within the first 30 days, or the problem happens six months or more after you bought the vehicle, you – the consumer, needs to be able to prove that the car was not of satisfactory quality, unfit for purpose or not as described when you bought it. This will normally be through either a diagnosis from a garage or dealership, or an independent technical report. You can find more information about independent technical reports here.
If something does go wrong, the best thing to do is to let the business who sold you the vehicle know, and give them the chance to look into what’s happened. You can get in touch with the manufacturer if you like, but please remember that it isn’t the manufacturer who sold you the vehicle, so the Consumer Rights Act 2015 doesn’t apply to them in this situation. We’d always recommend contacting the selling dealership or garage and making sure they’re involved in the process of finding a resolution.
What are a consumer’s legal rights when buying a car?
If you bought your car after 01 October 2015, the Consumer Rights Act 2015 will apply. If you bought your car before 01 October 2015, then the Sale of Goods Act 1979 will apply.
Short-term right to reject
Under the Consumer Rights Act 2015, you have a short term right to reject your car if it is of unsatisfactory quality, unfit for purpose or not as described. You can get a full refund. However, you should remember that this right is short-term and is only limited to 30 days from the date you bought your car.
There is no short-term right to reject under the Sale of Goods Act 1979.
Exercising your consumer rights
If you are now outside of the first 30 days, the seller has one opportunity only to repair or replace the faulty car. You will not be able to ask for rejection at this stage. This does not apply to cars purchased before 1 October 2015. The Sale of Goods Act allows the seller to either repair or replace the car within a reasonable period of time without causing significant inconvenience.
If you are complaining about a fault within the first six months of purchase, it is presumed this fault was there at the time of purchase. The seller will need to prove that this fault was not there at point of sale. If you are complaining about a fault outside of the first six months, you will need to prove that fault was there at point of sale.
If the seller is unable to repair the fault because the same fault persists or a new inherent fault has developed, or the replacement car has an inherent fault, then you can ask for your money back or a price reduction (partial refund) if you wish to keep the car.
Remember, for rejection outside of the first 30 days, the seller is entitled to deduct the mileage you have added onto the car.
Sold a faulty car, what can I do?
If you believe the seller has sold you a faulty car, you should contact the seller immediately. You have consumer rights for up to six years, which protects you against a faulty car. However, the law does not offer you a blanket protection. The law only protects you against a fault, which should not have developed on the car, given its age and mileage and the condition the car was in at point of sale. It is very important that you take your car back to the seller as your consumer rights rest with them.
How do I resolve a problem with a garage or dealer?
In the first and foremost, you should approach the garage or dealership and raise your concerns with them directly. It is okay to raise it with them verbally first but if you find you are not getting anywhere, you should ask the garage / dealer for their in-house complaint process. You should submit a formal complaint in writing and ask them to respond within 14 days. If they do not respond, you should follow this up with them. If you are submitting a letter by post, it is usually advisable that you send the letter via recorded delivery to make sure they receive it.
If it has been, eight weeks and they have not responded, you can refer the complaint to TMO for an independent review. If they respond but you are unhappy with their response, you can refer the complaint to TMO. You should ask for their response in writing and provide a copy of this response to us, with your complaint form.
How do I get compensation from a car manufacturer?
The only contractual relationship you share with the manufacturer is one of warranty. This recognises you as the consumer (recipient) and the manufacturer as the warranty administrator. The manufacturer has an obligation to cover the repair costs of faults that fall under the warranty, as limited by the terms and conditions of the warranty agreement. Under, the warranty they are exempt from all other claims of consequential loss – such loss will generally fall to the party, which sold you the car and is therefore contractually liable for the quality of the car provided to you.
Finally, should you believe you have a claim in negligence against the manufacturer then you should contact the Citizens Advice Bureau on 0345 404 0506, for some guidance on your legal rights because negligence claims fall outside of The Motor Ombudsman’s remit.
How do I complain about my car?
If you encounter an issue with your car, it is important to understand who to complain to, and what your rights are as a consumer.
Once you know who your complaint is with, you should inform the business about the problem with your car in the first instance before contacting a dispute resolution provider, such as The Motor Ombudsman.
You must then provide them with a reasonable opportunity to resolve the issue according to their own complaints procedure.
If the business is accredited to one or more of The Motor Ombudsman’s Codes of Practice, you can find out how to submit your dispute here.
There are different types of issues that may be the source of complaints about your car:
How do I complain about an issue with a used car?
If you have bought a used car, and a fault develops within the first 30 days, you may have the right to return it and receive a full refund. After this period, and if there is a problem, you may still be able to get a repair or replacement. For more information about what to do if you have an issue with your used vehicle, and your consumer rights, click here.
How do I complain about an issue with a new car?
If a fault develops after buying a new car, you may able to make a claim under the manufacturer’s warranty, or your consumer rights.
If you have a new car problem, and would like to find out what you can do, click here.
How do I complain about an issue with my car’s servicing or repairs?
There may have been a problem with the work that has been undertaken on your car.
For example, if you suspect that the servicing or repairs have not been carried out correctly, you may be entitled to a repeat repair or up to a full refund.
For more information, please click here.
How do I complain about an issue with my car’s extended warranty?
Purchasing an extended warranty for a car offers peace of mind against costly repairs.
However, you may experience issues relating to:
- Making a claim for a wear and tear item, such as brakes or tyres;
- The fact that you may feel the policy may have been mis-sold;
- The fact that you may think the terms of the policy are unfair; and
- The choice of garage used to repair my car under warranty.
How do I complain about a rusty car?
There are a number of ways, in which you can complain about a rusty car. If your car suffers from corrosion, you may be able to make a complaint under your manufacturer’s warranty or under your consumer rights.
Warranty
If the corrosion is due to poor workmanship or parts used during the manufacturing process, you may be able to make a claim under your standard manufacturer’s warranty.
Some manufacturers offer corrosion or anti-perforation warranty, which is in addition to the standard warranty. These types of warranties cover you in instances where a main dealer has diagnosed the rust to have developed by through corrosion. An anti-perforation warranty will usually only cover corrosion, which begins from the inside of the metal, moving to the outside of the metal and is not caused by any external influences.
Therefore, if your vehicle only suffers from surface corrosion then this will usually not be covered by you anti-perforation warranty.
You should follow the warranty process as set out in the terms and conditions of your warranty.
Your consumer rights
If the corrosion is an inherent fault, which was present at the point of sale you may be able to make a claim against your seller. Please note that if a reasonable person would have noticed the corrosion at the point of sale but you failed to do so, then it will be seen as though you accepted this vehicle with the corrosion, at point of sale.
If you wish to make a complaint about the corrosion on your vehicle then you should contact the seller to raise this fault.
Follow their in-house complaints procedure in order to provide the business with a reasonable opportunity to resolve the issue.
If you are unhappy with the final response of the business or more than 8 weeks has passed since raising the complaint with the business then you may escalate the complaint to The Motor Ombudsman for further investigation.
I have paid a deposit for a new or used car. Can I get my money back?
If you have put down a deposit, this implies you have a contract with the seller, so it is unlikely that you will be able to get it back, as there is no automatic right to a refund of a deposit.
If the terms of the contract or the terms of the deposit say that it is refundable, then this would usually be the case, so it is always worth checking the small print before you agree to the purchase or make any form of payment.
If you have simply changed your mind, or even if there is nothing wrong with the car being purchased, this is not a sufficient reason to have your deposit returned.
You will not have the automatic right to have your money back if you request this, and in the majority of cases, a deposit will be non-refundable. This is because the vehicle would have been withdrawn from sale, and in some cases, may have been registered your name (i.e. for a new car), thereby preventing anyone else from buying it.
For more information on deposits, click here.
I have exhausted the complaint process, what can I do next?
If you haven’t found a resolution to your complaint with the business, get in touch with The Motor Ombudsman who will assess if they’re able to help you further.
However, if your complaint relates solely to the finance product sold to you, it would be best to contact the Financial Ombudsman Service.
What can I do if I have a problem with my car purchase?
You should always liaise with the seller of your vehicle in the first instance and see if they’re able to resolve things. You can contact the manufacturer as well but please bear in mind that, whilst they will try and assist you as best they can, it is the seller who ultimately has liability in this situation.
If the vehicle was purchased on finance, or your problem is with the finance itself rather than the vehicle, then you can also make your complaint to the finance company. If you’re unable to resolve the complaint, or need some guidance, contact the Financial Ombudsman. The Motor Ombudsman cannot consider a complaint about the finance company or a complaint which relates solely to the sale of the finance and/or any details about the finance agreement.
How do I deal with leasing or rental vehicle issues?
If you have a dispute about a rental vehicle or a vehicle that you are leasing, you will need to contact the British Vehicle, Renting and Leasing Association for further assistance as they operate specific Codes of Practices for those sectors.
Can I get a new car refund or replacement?
This depends on why you’re looking for a refund or replacement. Often, you can’t just change your mind about the car. There has to be a demonstrable breach of your consumer rights, and there are usually other remedies, such as a repair, that should be explored in the first instance.
This is different if the vehicle has been bought at a distance i.e. online or over the phone, without visiting a retailer, or if the retailer offers a specific guarantee above and beyond your consumer rights.
Your consumer rights
The Consumer Rights Act 2015, which came into force on 1 October 2015, says that cars sold must be of satisfactory quality, fit for purpose and as described.
Satisfactory quality is defined as the standard that a reasonable person would expect taking into account any relevant circumstances – such as the age, mileage, price and condition of the car.
If you experience a fault within the first six months, the law assumes that the car was faulty at the point you took delivery of it unless the seller can prove otherwise – however, after 6 months, the burden is on you to be able to prove that the fault is due to an inherent defect or a lack of durability in the car rather than general wear and tear or an external influence. This could be through an opinion from a garage or an independent technical report.
Bear in mind that if you could have spotted the problem on a reasonable inspection of the car when you took delivery of it, you won’t be able to then complain about it – this could be something like a scratch on the paintwork or that the car doesn’t have a satellite navigation. It is always advisable to test-drive a car before purchasing it and make sure you do a thorough check of everything before signing to say you’re happy with the car.
Repair, replacement or refund?
If you report a problem within the first 30 days, you will need to demonstrate that the car has failed to meet the standards required under the law.
Any issues reported outside of the first 30 days, you must allow the seller an opportunity to either repair the car or replace it, which will usually be a repair, as it’s often the most proportionate option, rather than the replacement of a car.
That’s why it’s really important to contact the seller if something goes wrong with your car, and give them the chance to help. This is because, failing to do so, may result in additional attempts at repair, rather than other remedies.
The seller has only one opportunity to repair or replace and if this fails because the same fault persists or a new inherent fault has developed, you can ask for a price reduction, which means a partial refund but you keep your vehicle. Alternatively, you can ask for rejection, which is to return the vehicle and get your money back. Remember, the seller is entitled to deduct usage, which is usually the miles you have added to the vehicle. For example, this could be a flat fee or a pence-per-mile deduction. It’s also worth checking the terms and conditions of the contract. Some sellers will specify what deductions they’ll apply in the event of a return.
I was mis-sold my car, what can I do?
If you think that your car has been mis-sold, for example you haven’t been informed about its previous history or it has more miles on the clock than you expected, you should first make a formal complaint to the seller of your vehicle detailing your reasons for why you think the vehicle has been mis-sold and what you would like them to do to put things right for you. If you’re unable to resolve the matter directly with the seller, you can then contact The Motor Ombudsman.
What do I need to do if I reject my new car?
Rejection of a new car can be difficult as it might mean being without a car for some time – you may also be asked to provide evidence of why you think the vehicle breaches the Consumer Rights Act 2015 if you’ve been in ownership of the vehicle for 6 months or more.
If you do wish to reject your new car, then you will need to stop using it immediately and notify the seller and/or finance company – not the manufacturer – of your intention to reject. This should be in writing and you should then allow the seller and/or finance company up to 8 weeks to investigate your complaint and issue a final response.