Under the Consumer Rights Act 2015 (CRA 2015), a consumer has the short-term right to reject goods within 30 days of collection or delivery if the goods fail to conform to the contract. This right entitles the consumer to return the vehicle for a full refund.
However, the burden of proof lies with the consumer to show that the fault existed, or was developing, at the time of collection or delivery. The presumption that the fault existed at delivery if it arises within six months of purchase does not apply to the short-term right to reject, as explained in Section 19 of the CRA 2015. Therefore, anyone wishing to exercise that right must provide evidence that the fault was present or developing at the point of sale.
Although the burden lies with the consumer and the CRA 2015 does not oblige the trader to carry out an inspection or provide a report, it may still be advantageous for the trader to do so. By carrying out the inspection themselves, the trader can control the process, potentially identify whether the fault is due to misuse or external factors, and gather evidence to rebut the consumer’s claim. This approach can help the trader avoid liability if the fault was not present or developing at the point of sale. Additionally, a trader-led inspection may speed up the resolution of any dispute.
If you are grappling with a short-term rejection dispute, call our Lawgistics helpline; our legal team can guide you through the evidence you need.
Ultimately, the burden of proof sits with the consumer when they invoke the short-term right to reject. Traders who obtain their own evidence by conducting inspections or providing reports will be far better placed to defend against such claims.
Octane Finance is the broker of choice for new and used car dealers nationwide. With our uncompromising service levels and our genuine and professional approach, you and your customers can trust us to deliver.
