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.
How to submit a dispute to The Motor Ombudsman
The Motor Ombudsman is a certified Alternative Dispute Resolution (ADR) provider who can assist with disputes that arise between consumers and Code-accredited businesses.
Before you submit a dispute to us, firstly please ensure you have taken a look at the information about our process on the resolve a dispute page.
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