Sale of Goods Act and the ‘6 month rule’

It is not unusual for customers to rock up and demand that our dealers provide a refund or repair for their used car because x,y or z has happened in the first 6 months after purchase.

Customers will often argue that they have been advised that the dealer has to sort out anything and everything that goes wrong in those first six months.  Well, it ain’t necessarily so. Yes, under the Sale of Goods Act, the starting point is that goods will be assumed to have been faulty at the point of sale if a problem occurs in the first 6 months.

However, there is more to that part of the Act and if a dealer can prove, by for example HPI paperwork or pre-delivery checks and servicing records, that the fault was not present at the point of sale, there is no liability for the dealer.

Similarly, if the problem is a wear and tear item that would be expected from a car of such age and mileage, the dealer is also unlikely to be liable. So, the ‘6 month rule’ isn’t as clear cut as some customers have been led to believe. If you have such a customer and want to discuss the potential strength of their argument to get it straight in your own mind, do give us call.

We are always happy to act as a sounding board for Members and if and when necessary, write to the customer on your behalf.
 

Authors: Nona Bowkis

Published: 08 Dec 2014

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