At Lawgistics, we’re bracing ourselves for a potential increase in claims against our clients.
With the increase in cost for just about everything, we anticipate that consumers will be feeling the squeeze and therefore, will either seek to reject vehicles or request for repairs to be undertaken. We envisage that a lot of the allegations/claims will be without any substance.
But as a recap, this is what you can do to reject any buyer’s remorse claims:
- prior to sale, ensure the vehicle is free from fault
- document the vehicle’s condition with evidence, such as a new MOT test, pre-delivery inspection, RAC/AA inspection, etc.
- include a video within the vehicle’s advert (this helps in the event of any cosmetic claims as it will show the vehicle’s cosmetic condition)
- take care with the advert description as you need to ensure the goods match the description provided
- if an issue is present with the vehicle, for example, the electric wing mirror function does not work, ensure this is worded within the advert description and on the sales invoice
- state any discount negotiated for repair work on the sales invoice, for example, “£100 discount for the electric wing mirror” (the consumer won’t be entitled to any further redress for the electric wing mirror. This is the same as when you purchase a pair of discounted priced jeans because they have a broken zip, you won’t be entitled to return the jeans due to the broken zip.)
Under the Consumer Rights Act 2015, should any problems arise with a car within the first six months of purchase, the onus is on the trader to establish the goods did conform to contract at the time of possession. This is why the evidence to show a vehicle was free from fault, at the time of a consumer taking possession, allows a trader to decline any false claims.
You are not liable for wear and tear items which develop or require repair/replacement post sale. For example, if you have evidence which shows the vehicle’s brake pads being sufficient at the time of sale and the consumer has travelled 4,000 miles over four months since taking possession of the vehicle and now requires new brake pads, your evidence of the vehicle’s brake pads being sufficient at the time of sale will support your case to enable you to decline the claim.
Remember, if you’ve sold a vehicle to a company (John Smith Plumbing) then the CRA 2015 is not applicable as they are outside of the definition of a consumer: (S2(3) of the Consumer Rights Act 2015 defines what is meant by a consumer, means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession). However, this must be a genuine sale to a company and the Sale of Goods Act 1979 is applicable.
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