New rules mean a customer can reject a car within the first 30 days after purchase

The Consumer Rights Act 2015 comes into force on 1 October 2015. From that date, the Sale of Goods Act 1979 will become largely redundant for all ‘business to consumer’ sales which will then be covered by the new Act.
 
One of the new rules is the ‘short term right to reject’ covered in Section 22 of the Act.
 
By virtue of this Section, if a consumer complains of a fault with the vehicle in the first 30 days, they will be entitled to bring it back to you for a refund. They can ask for a repair but they are not obliged to accept a repair and can simply insist on a refund which you will be legally obliged to give.
 
The slight saving grace for dealers is that it is down to the consumer to show there is a fault and that it was present at the time of delivery.
 
We therefore strongly recommend that dealers take the time before 1 October 2015 to review their Pre Delivery processes to ensure they do all they can to put themselves in a position to argue that any fault was not present at the time of delivery. Putting a new independent MOT on a car can never be a bad idea nor can using one of our Pre-Delivery Inspection pads.  
 
Keep your eye on our updates for more information and tips in preparation for 1 October 2015.

Lawgistics members can get advice on the Consumer Rights Act 2015 from the legal team.
 

Authors: Nona Bowkis

Published: 04 Aug 2015

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Nona Bowkis - Lawgistics Ltd (05/09/2016)
Thanks for coming to the site but we only advise motor traders and not consumers and so cannot answer your queries. You are best advised to contact a consumer organisation such as the Citizens Advice Bureau or talk to a solicitor
bond (05/09/2016)
What happens if the garage says it isn't a fault ? It is not a safety issue and all cars do it ? Fault was fuel gauge was inaccurate. Once tank was filled, Lost first stripe after 5 miles. And then takes ages for next stripe. Stripes didn't go down when fuel was used equally :-(. Is this a fault ? Never heard that all cars did it. Was told it was an air bubble and wait a couple of minutes before resuming filling up. Was told it was the quality of the fuel that was used (ie supermarket fuel) Was told to live with it, Not a secret issue. Was told that this model car did it. (But not at time of purchase) Is this acceptable and not entitled to a full refund ? Thank you
Nona Bowkis - Lawgistics Ltd (22/08/2016)
Thanks for coming to the site but we only advise motor traders and not consumers and so cannot answer your queries. You are best advised to contact a consumer organisation such as the Citizens Advice Bureau or talk to a solicitor
carol (22/08/2016)
Hi,I took a car i liked for a test drive and asked the dealer to fix the brakes as they shuddered he also put in through a new MOT and it passed with no adviseries, on the 2nd Aug 2016 the dealer came to my home with the cat and a new MOT, I paid, £2.500 cash for the car and asked the dealer if he had fixed the brakes and he said he had, after he left my home i drove the car and found that he had lied about the brakes, he did not fix them, Ive had someone look over the car and was told the car is really rusty underneath lots of welding required. Also the exhaust is rusty which i didnt notice on the test drive, the indicator light has just gone as well. The reason I left it until today to do anything is because i didnt know i had any rights to even call the dealer to complain let alone do anything under the consumer rights act, so what do i do now, should i call the dealer and tell him i want a refund, do i ask him to fix the car as promised im not confident as im sure he will laugh at me, what can i do ???
Nona Bowkis - Lawgistics Ltd (16/08/2016)
Hi CR, on the limited facts given, I would say that if they have undertaken work themselves on the vehicle and it only failed after that, then you have a case to say that you have no liability. If they are in the first 30 days, it is for them to prove a fault and prove it was there at the point of sale.
CR (16/08/2016)
Hi Recently sold a vehicle to a customer that had the car two weeks and carried out over 400 miles. They took it upon themselves to carry out some works on the vehicle wax the underside of the car carry out a service and clean brakes with out notifying us. since then the car wont start and asking for a full refund. Have advised that we are willing to inspect the vehicle but will not have it transported at is at a distance. Where do we stand. Thanks
Nona Bowkis - Lawgistics Ltd (12/08/2016)
Hi James, Well if the customer agreed to a repair and it was carried out without significant inconvenience to the customer which it sounds like it was, then they need to come and collect. If they refuse, you need to send them a letter to say they have no right to reject as they agreed to a repair and so unless they pick their vehicle up within 3 (or however many you want to give them)days, you will start to charge storage at £15 plus VAT per day. Or, you could say if they don’t pick up by a certain date, you will drop the vehicle off at their address and put the keys through the letter box – video the vehicle and yourself doing that so there can be no comeback.
James (GSP) (12/08/2016)
HI, We sold a 2009 Astra 1.6 with 65,000 miles, the vehicle had a breakdown after 3 weeks and 900 miles, we had the car in the workshop for a week and the fault was a faulty crank pick up ring in the gearbox. We had the car repaired and ready to client within a week, Customer Is no refusing to collect and claiming an unfit for purpose vehicle and wants a refund, We have no space to store the car, what are our next steps? thank you.
Nona Bowkis - Lawgistics Ltd (10/08/2016)
Hi Matthew, this is an issue which we deal with regularly as some finance companies only need to hear the word fault from a customer and they feel the urge to roll on their back and invite the customer to tickle their belly (and then chase you the dealer for their losses). No decision should be made until we know what the current ‘fault’ is. It may be something as simple as a loose wire in which case there will be no right to a refund as its such a minor issue. If you do agree to buy the car back, you can most certainly make a deduction for usage, again something else which the finance companies tend to miss. If they unilaterally decide to give a full refund and not make a deduction for usage, then they need to swallow that additional loss.
Matthew (10/08/2016)
Hi Nona, I am a car dealer and I sold a car at the end of March 2016, the customer brought the car back because an engine management light came on after 3/4 weeks, the car was looked at by our workshop for a diagnosis. There was a fault code stored in the ecu that was removed using a diagnostic tool tested then given back to the customer. The customer called again 4 weeks later with an engine management light on, this time the air filter was changed the car was then tested by several members of staff including myself to ensure that the EML didn't come back on. I recieved another call from the customer about two weeks later to say the same light had come back on but all our attempts to investigate were blocked by the customer. We now have the finance company that we used to fund the purchase asking us to give the customer a refund quoting that it is the customers right to do so because there was still a fault with car. Can you help clarify if this is right and if so can I apply a 'fair usage charge'? Thank you
Nona Bowkis - Lawgistics Ltd (08/07/2016)
Hi Ray, The CRA basically says that unless the contract states that the customer must return the goods for a refund, the customer only has to make the car available for collection and so if you use our sales invoice pads, you can insist on the consumer returning the car as that term is written into the contract. Obviously the same will be the case if your own sales paperwork states that the consumer must return the car if they want to exercise rejection. Problems which arise in the first 30 days can be problematic as, if they make the vehicle not conform (and that is a big if) and, if the customer can prove the fault and that it was there at the point of sale, you don’t get an automatic chance to repair.
Ray (08/07/2016)
Hi we sold a car to a customer in January. He found a fault 10 days later. Engine management light coming on and brake pads and discs glued on one side due to no friction on the pad. I was happy to fix these problems and asked the customer to bring the car back and I was happy to fix the problems. Customer said the car is unroadworthy as deemed by someone at halfords who checked the car. So wants me to arrange for tow truck and I have refused. Customer taking us to court over this matter as I have asked them to bring the car back and they won't on the basis that it's unroadworthy and it's supposedly our job to pick the car up. Any help would be appreciated. Thanks
Nona Bowkis - Lawgistics Ltd (04/07/2016)
Thanks for coming to the site but we only advise motor traders and not consumers and so cannot answer your queries. You are best advised to contact a consumer organisation such as the Citizens Advice Bureau or talk to a solicitor
Jen_08 (04/07/2016)
I purchased a 7 seater car on the 16.4.16. There immediately appeared to be a fault with the car as when driving home the car smelt very 'fumey' and the clutch appeared to 'stick'. Being a new car & unfamiliar to drive we kept an eye on these problems and when no improvement was made I contacted the car garage the following week and was instructed to bring the car down for inspection. when their mechanic checked the car, he diagnosed that the slave cylinder needed replacing. Unfortunately he was unable to repair it that day, meaning I had to make yet another 100 minute round trip, at a cost to me. However, although frustrating, I was pleased the car was being repaired. Then on the 1st May......2 weeks following the sale, a week following the clutch repair, the car lost all power and broke down on junction 21A of the M25, with our 4 young children (our youngest was 5 months old) all in the car. This as you can imagine was a very scary and stressful situation to find ourselves in. Also, breaking down on the m25 meant financially we were at a loss as we had to pay for the vehicle to be recovered. We did speak to the car sales garage the same day but being a Sunday they wasn't at the garage and advised us call them back when we were home & hopefully clearer on what was wrong. Being a bank holiday weekend we called them on the Tuesday (3rd). Owing to the fact the car was not drivable and we lived 50 minutes away from the car sales garage it was suggested by them that we see if we could find a mechanic to diagnose the vehicle local to us and to then instruct the mechanic to contact the garage regarding costings for the repair. So we spent the week doing this. On the Friday (6th of May) we contacted the garage to inform them that the mechanic we had been liaising with had looked at the car and had diagnosed fault with the turbo and air flow system. He. didn't wish to undertake the job because the job was a large one with relatively large costings & he felt we were best to get the garage we purchased the car from, to fix it. That way no warranties should be affected. We agreed with this. After several days of being told our car would be collected, and a courtesy car dropped off at the same time, but not actually happening, the car was finally collected on the afternoon of Thursday 12th May. Unfortunately, we were told, there were no 7 seater cars available so we were issued with a small 5 seater car....which is too small for our family. During the next couple of weeks we had to wait for the car to be looked at by their mechanic, then once diagnosis was made an oil flow test was recommended. The car failed this meaning it needed a new engine. After another 2 weeks of not hearing anything from the garage I contacted them on Wednesday 15th of June to be told that car would be ready by the middle of the following week. The following week arrived and after receiving no further communication from you contacted them. He was told that the car sales garage would contact the repair garage and call him back. He didn't hear from them so on Friday 24th June he rang again. This time he was told that the gentleman we deal with was busy and that he'd call him back.....he didn't call. On Tuesday 28th June I sent a formal email our car be returned to us, fully repaired, ASAP. Also explaining that the courtesy car provided causes us nothing but stress & aggravation as its too small. I received an immediate response saying due to the nature of the repairs that have had to outsource the repair. I responded saying that I didn't feel the 7 weeks they have had the car to be a reasonable time frame, especially as they're still no closer in giving us a date to expect the car to be returned. I requested the car be returned on Friday 8th July, which by this time means they would of had the car 8 weeks and he hasn't responded. What do I do? I really am at a loss as to where I go from here? I believe that we have been more than patient. We appreciate that they have issued us with a courtesy car, however, it is not big enough for our family so causes constant stress and aggravation. We are financially out of pocket but also we had to borrow a bigger car so we could go away as a family on weekend 20th may....the garage were informed of this family break as we were hoping to have our back for it! In order to go out as a family we have to take my partners work van, which is not only far from ideal, but incurs a larger fuel bill. Please can you help me? Thanks
Nona Bowkis - Lawgistics Ltd (22/06/2016)
Thanks for coming to the site but we only advise motor traders and not consumers and so cannot answer your queries. You are best advised to contact a consumer organisation such as the Citizens Advice Bureau or talk to a solicitor
Jonno (22/06/2016)
Bought a new car Jan 2016, Satnav has been faulty since then. Main dealer had tried to rectify the problem 3 times with no success. Have been waiting a month for them to get permission from manufacturer to change it. It would appear that this problem is known to the manufacturer. Where do I stand with my rights?
Nona Bowkis - Lawgistics Ltd (08/06/2016)
Hi Daren, I would say that a boot catch would not render a vehicle not of satisfactory quality meaning the customer would not be entitled to a refund regardless of when the fault occurred. However, if it was only reported 10 days after the sale then, depending on the fault, it was unlikely to have been present at the point of sale and unless the customer can prove otherwise, then there is no entitlement to a refund. In terms of timing, any agreed refund needs to be paid ‘without undue delay’ (but not before you have the car back) and at the latest within 14 days of the agreement to refund as set out in Section 20 of the Consumer Rights Act.
Daren (08/06/2016)
Hi There. above it says that "down to the consumer to show there is a fault and that it was present at the time of delivery" What about if they take it on day zero then on day 10 a fault occurs (eg a boot catch fails) can a refund be asked for? If so how many days does the company have to refund the money and can they get the car back before they have to pay? Thanks
Nona Bowkis - Lawgistics Ltd (06/06/2016)
Thanks for coming to the site but we only advise motor traders and not consumers and so cannot answer your queries. You are best advised to contact a consumer organisation such as the Citizens Advice Bureau or talk to a solicitor
damien (06/06/2016)
hi. my friend bought brand new car on 5th may 2016. he noticed scratch on rear bumper and dealer promised to fix it. they resprayed bumper and looks worse than before and they are respraying it again. today is 30th day, can my friend go and return car tomorrow under consumer right act 2015 as car is not fixed properly?
Nona Bowkis - Lawgistics Ltd (16/05/2016)
Hi Andrew, there is room to argue that an ebay auction is akin to a traditional live auction whereby rights are limited and sold as seen can apply so that is one avenue to explore. It is not clear if you advertise as a dealer or as a private seller. If as a private seller, you are likely to by stung by Trading Standards at some point under the Consumer Protection Regulations, if as a dealer then the question to consider is: is the vehicle of satisfactory quality if there are starting issues given that he only paid £400 for it? If he drove it home then you can probably argue it was fine and that at £400 there will be issues and he should expect there to be. You are probably OK but more info would be required such as mileage, age, is problem intermittent or does it not start at all, what wording was on the advert etc etc
andrew (16/05/2016)
hi, i use ebay to dispose of my part ex's as a live auction and they often sell for below market value but often more than I would get at a trade auction, i describe any faults but always state i'm not a mechanic, anyway just sold a 2004 micra for well below market value and the chap gets it home and it has starting issues and he seems to think I have to fix? any suggestions? the car was 400 pounds if that has a bearing
Nona Bowkis - Lawgistics Ltd (25/04/2016)
Thanks for coming to the site but we only advise motor traders and not consumers and so cannot answer your queries. You are best advised to contact a consumer organisation such as the Citizens Advice Bureau or talk to a solicitor
Lindsey (25/04/2016)
Hi, Could you please help me? We bought a car a few weeks ago it has been driven 3 times and this has been the total of its use. It doesn't seem to be working properly and has several faults. I have rung the garage and explained this to them. They never offered a refund but mentioned having it in to do repairs, are we entitled to a refund as we only bought the car on 1st April this year? Thanks in advance for any help you can give.
Nona Bowkis - Lawgistics Ltd (23/03/2016)
To provide some reassurance, our dealers win the vast majority of the cases we help them prepare for court and so it is not always bad news for dealers but I do hear that concern a lot. In your case, it sounds like your customer was not a consumer, he was buying the van for business, and so the Consumer Rights Act 2015 will not apply to him. ‘Trade Sale’ type transactions can be tricky. There is no obligation to provide a warranty and so that part is fine but the clearer you make the terms of any business sale, the better. Terms will include the advert and the order form – did both mention the EML? Did your customer sign to say he was aware of the faults and accepted them as part of the sale? In all cases, such paperwork evidence can be crucial, especially if the matter goes to court. Your business customer has less rights than someone buying as a consumer but he will have some rights. If you are a member, send over your papers and we will review the case and then advise you fully and write to the customer on your behalf and, if necessary, help you prepare for any court action.
Traders are always the bad ones (23/03/2016)
Hi, as a commercial dealer I feel very strongly about this subject, all I ever hear is how it is always the dealers fault!! When anything goes wrong with a car/ van the finger is always pointed at the trader, how are we as a trader meant to know when a part is going to fail on a vehicle? And stand by a 10 year old vehicle that has done God know how many thousand miles for 12 months?? I do understand that there is like with all trades quite a few back street traders that will/ do sell scrap. But that does not apply to us all. We give warrantees with all our vans, but last month I got a large number of vans in from a company we deal with, we didn't have time to retail them all, so instead of putting them in the auction I advised some of them on eBay. The van in question was advertised as TRADE SALE AND WITH NO WARRANTY, the customer came test drove the van, customer bid me £100 less as the engine management light was on etc, I explained to the customer it was a trade sale and there was no warranty, he said yes that's fine and drove the van off. 4 weeks later he rings me and says he wants his money back as it stopped run the day after he purchased it!! But only discided to tell me 4 weeks later! Where do I stand??? It was sold to a company/ he knew it had faults/ and the price was half its retail value?? Many thanks john
Nona Bowkis - Lawgistics Ltd (18/03/2016)
Thanks for coming to the site but we only advise motor traders and not consumers and so cannot answer your enquiries. You are best advised to contact a consumer organisation such as the Citizens Advice Bureau or talk to a solicitor.
Steve (18/03/2016)
Hi I bought a second hand car just over a week ago and it broke down. I contacted the trader who told me as his website has a blanket statement of "all car under £2000 sold as spares or repair" I have no rights to demand repair or refund or as he put it"I don't have a crystal ball and you took your chance". I paid £900 pounds for what is essentially a write off and I know it's not huge money but for a young family it's a lot of money. Can you advise please? Many thanks
Nona Bowkis - Lawgistics Ltd (15/03/2016)
A live auction is normally regarded as ‘sold as seen’ and so even if you sell to a consumer, they will not get the full range of consumer rights as the CRA does not apply. However, the vehicle should still be as represented and so if it is advertised as having 20,000 miles, it shouldn’t have 120,000. There are greyer areas such as if a dealers advertises the vehicle as ‘ready to retail’ or if the clutch fails on the drive home as that may raise issues of satisfactory quality. However, many auctions houses specifically contract out of issues around satisfactory quality in their T&Cs. Conversely, some auctions provide additional assurances. The general answer is that vehicles are sold as seen but as with all legal matters, a more specific answer will depend on the facts of any particular case.
Rizz (15/03/2016)
Hi Nona - are you able to provide some guidance on how this legislation affects those dealers who buy or sell at auction? For example as a dealer if I buy at auction what are my rights?
Nona Bowkis - Lawgistics Ltd (16/10/2015)
Thanks for coming to the site but we only advise motor traders and not consumers and so cannot answer your enquiries. You are best advised to contact a consumer organisation such as the Citizens Advice Bureau or talk to a solicitor.
audi owner (16/10/2015)
we have an audi we have been miss sold only collected last friday, not as described, majorly under exagerated, told could add things but now told cant, rushed into sale so could add to sept figures etc etc, . told had 14 days cooling off period and loads more, everything to get us to sign. now told cant take it back by dealership so have contacted Audi Uk head office, any advice?
Car Finance (16/10/2015)
I signed the finance document on the 29th of September and I picked up my brand new car on the 2nd of October 2015. It has already developed faults and is due to be returned to the dealer for repairs tomorrow (15th of October). Where do I stand? Can I reject the car? Do I have a right to reject their offer to repair the vehicle? I would like to know as much detail as possible! Thanks in advance!
Nona Bowkis - Lawgistics Ltd (23/09/2015)
Hi Mike, interesting question for those of you who use the VAT Margin Scheme as the calculations are based on the selling price. Unfortunately, I’m neither a VAT specialist or an accountant and so I do not know if you can legitimately reduce the selling price following a later price reduction and so it’s probably worth a call to the VAT helpline on 0300 200 3700 to see what they have to say.
Mike (23/09/2015)
Hi Nona, my query is in respect of Used vehicle sales under the VAR margin scheme - Business to Consumer. If a price reduction is agreed within the following 30 days and thus reduces the initial Sale Price of the used vehicle surely this must redude the margin VAT HMRC are entitled too?
Nona Bowkis - Lawgistics Ltd (17/09/2015)
Hi Martin and no, customers should not be able to reject for just any fault. To be entitled to the Consumer Rights Act remedies the fault must render the vehicle not of satisfactory quality, not fit for purpose or not as described.
Martin (17/09/2015)
surely this will only be for the vehicle to be safe to be on the highways and fit for purpose intended. Do they have the right to reject because the air conditioning doesn't work or the radio's on the blink or a central locking motor doesn't work? Could it really be that picky?
Nona Bowkis - Lawgistics Ltd (11/09/2015)
Hi Stuart, finance sales will no longer be covered under the Supply of Goods (Implied Terms) Act 1973 as all business to consumer sales will be covered under the one new Act from 1 October 2015. Customers will be able to approach the finance companies regarding their rights under the Act as, of course, the car is actually sold to the finance company who hire it to the consumer.
Stuart (11/09/2015)
How will this affect a customer's car finance situation if they have a car on PCP or HP and reject it? Many thanks.
Nona Bowkis - Lawgistics Ltd (11/09/2015)
Hi Anthony, and yes we would recommend you get the customer to sign and give them a copy. The new pads will have a space for the customer’s signature which will be beneath a statement about the test drive.
Antony Goforth (11/09/2015)
Hi Nona, if we buy your Visual checklist / estimate pads do we sign them and give the customer a copy ?
Nona Bowkis - Lawgistics Ltd (08/09/2015)
Hi Mike. The Consumer Rights Act 2015 does apply to both new and used vehicles but it will not apply to contracts between manufacturer and the retailer. These business to business transactions will remain subject the usual contract rules and the bits of the Sale of Goods Act 1979 that will remain. This Act is wholly for consumers – that is those individuals “acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession”, so for example, a driving instructor who mainly uses his car for teaching is unlikely to be covered by the provisions of the Consumer Rights Act 2015.
Mike Bell (08/09/2015)
I assume that the same rules apply to the transaction between the manufacturer and the retailer when supplying new vehicles. I also assumes the this applies to used vehicles as well as new ones
Nona Bowkis - Lawgistics Ltd (08/09/2015)
Dear Motorworld, I totally get your point and any dealer selling high value vehicles could suffer expensive pain as a result of this Act. However, do remember that for a customer to qualify for the short term right to reject, there has to be a fault which renders the vehicle not of satisfactory quality, not fit for purpose or not as described and that fault has to be proven by the customer who also has to prove that it was present at the point of sale. Dealers selling new cars will be more susceptible to claims to reject simply because the ‘reasonable person’ to whom this Act refers will expect higher standards from a new car to that of a used car. Sorry I don’t have better news!
MOTOR WORLD (08/09/2015)
INTERESTING, WHAT HAPPENS TO THE BENTLEY DEALERSHIP WHO SELLS A NEW VEHICLE ONLY TO HAVE TO REFUND THE FULL AMOUNT. WILL THE GOVERNMENT HAVE TO GIVE AN IMMEDIATE REFUND OF VAT AND CAR TAX AND COMPENSATE THE DEALER FOR NOW HAVING A USED VEHICLE INSTEAD OF A NEW ONE?
Nona Bowkis - Lawgistics Ltd (08/09/2015)
Hi Matthew, I can see why you would be concerned and it is a bit of a messy area. However, if a customer wishes to reject a vehicle, the Consumer Rights Act 2015 requires that it must be given back in ”its original state” (we assume that to mean bar minimal wear and tear). Now if the sales contract and the customisation contract were one, it would be possible for the customer to give the vehicle back in its original state. However, as you operate the sales and the customisation contract as two separate contracts then once the vehicle has been customised, it will not be possible for the customer to return the vehicle, under the sales contract, in its original state. This will arguably mean that the customer will not be able to reject it under the 30 day right to reject or even the final right to reject meaning the best the customer could hope for under the Consumer Rights Act 2015, is a price reduction. With regard to the customisation contract, any work needs to be carried out with reasonable care and skill. If the customer has a complaint about the customisation work, the remedies under the Consumer Rights Act 2015 are repeat performance and price reduction – not rejection. That’s all a bit complicated and I haven’t delved too deeply but essentially, having two separate contracts is certainly a better business model than having both the sale and the customisation on one.
Matthew Orton (08/09/2015)
It is normal for us to sell commercial vehicles to consumers for £15k+VAT to £40k+VAT with £1000 to £30,000+VAT of work (on top of purchase price) to the vehicles to make them suitable for their use. The vehicle sale is handled under a separate invoice from the work. This is also true with regards to the vehicle pre-sale agreement & the signed purchase work order/deposit receipt. What happens under the short term right to reject in the following situations? 1. The vehicle develops a fault & the client rejects after fitting the vehicle out to their specification? Do we A. refund the client the vehicle & work entirely if unable to satisfy? Or B. refund the vehicle & subject the work to our opinion as to the value we can recover from a potential second sale once repair has been completed. In other words in the extreme situation: vehicle now has a unique solution we value as making the vehicle worth much less than the original purchase price as no one would want this same solution. In fact 10k worth of goods & work would have to be removed costing much further money. 2. We sell the vehicle under a separate transaction. However The bespoke works develop a fault within the first 30 days. Can the client now reject the vehicle because of the modifications or conversion work we have carried out under SOGA 2015 despite a separate contract & invoice? Are there any other complications/losses that can be envisioned in what I believe is common practise by lots of firms specialising in this sector of the motor trade?
Nona Bowkis - Lawgistics Ltd (17/08/2015)
Trevor, that is a really great practice and will certainly help in making it difficult for the customer to prove the fault was present at the point of sale. Of course they could still try and argue there was a latent/developing fault which was not apparent to them but that will be for them to prove if they want to exercise their Short Term Right to Reject.
Trevor (17/08/2015)
We currently make a customer service call within 24 hours of the customer taking the car to make sure there are no faults with the car and the customer is happy. This has been put in place to improve our service levels. Assuming there are no faults with the car, will this also help us prove there was no fault at delivery?
Nona Bowkis - Lawgistics Ltd (17/08/2015)
Hi Simon, the Act will only apply to Business to Consumer sales and so private sales are excluded. It does not apply to private sales or sales at a live (not online) auction even if the buyer is a consumer.
Simon (17/08/2015)
How does this apply to the man selling his car privately knowing the car has a fault?
Nona Bowkis - Lawgistics Ltd (17/08/2015)
No David, this only applies to Business to Consumer sales. The entire Consumer Rights Act 2015 only deals with Business to Consumer Sales. A consumer being "someone acting for purposes which are wholly or mainly outside that individuals trade, business or profession". More on this in our Car Dealer Consumer Rights Act episodes beginning on 11 August, 18 August and 25 Augusts.
David Wood (17/08/2015)
Does this apply if the person is using the product for Business
Nona Bowkis - Lawgistics Ltd (17/08/2015)
Yes Vanessa, on the face of it, it doesn't look good but .......the customer has to prove there is a current fault which was not brought to their attention prior to the sale and is not something which ought to have been obvious when the customer viewed the car. That fault has to render the car either not of satisfactory quality (taking into account mileage, age price paid etc), not fit for purpose or not as described. And, the customer has to prove the fault was also there at the point of sale (i.e. not something caused by them)- which is why we are recommending dealers review their point of sales checks and record keeping. You can find out more on this Short Term Right to Reject by listening to Car Dealer Podcast Episode 20.
Vanessa Rice (17/08/2015)
What happens if a customer decided they fancy a nice car for a few days and then tries to bring it back for a full refund.It is cheaper than hiring a nice car !!!!! RIDICULOUS -Everything is being taken away from the motor dealer-why are we made to look like rogues! Where are our rights.
Nona Bowkis - Lawgistics Ltd (06/08/2015)
Yes, it will apply to all sales of consumer goods
Paul (06/08/2015)
Hi does this apply to motorhomes aswell



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