New and Used Car Sales Archives - The Motor Ombudsman

New and Used Car Sales (10 Articles)

What 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be supplied due to production issues, be at the end of its product lifecycle, or a specific specification has been withdrawn since the time of order.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 can I do about a used car problem?

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.

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.

New and Used Car Sales