Inspection, inspection, inspection!

If a consumer reports faults with a car within six months of sale then the onus is upon the dealer to prove that the faults were not present at the point of sale, otherwise the dealer will be deemed responsible for them.

Unless the dealer already has such proof then it is usually essential for him to undertake a suitable inspection of the car as soon as possible and certainly before any remedial works are carried out, in an attempt to identify the alleged faults and establish whether or not they would have been present at the point of sale.

Early inspection facilities afford an opportunity to obtain evidence, which should allow the dealer to make an informed decision in respect of a consumer claim.   

Depending upon the value of the car/alleged faults and/or the complexity of the issues raised, it is often advisable, particularly if Court proceedings are anticipated, for a dealer to consider commissioning a report from an independent consultant motor engineer.

It is imperative that such evidence is truly independent and complies with Part 35 of the Civil Procedure Rules.

Good expert evidence will often make the difference between success and failure before the Courts.

Should you have any queries or concerns in relation to inspection and expert evidence then please do not hesitate to contact our legal team for further advice.
 

Authors: Howard Tilney

Published: 19 Jan 2015

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