Cost of living increase

legal_updates

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.

Author: Roxanne Bradley
Published:
Reading time: 3 minutes

This article is 3 weeks old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

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.

HR Manager

So simple even a child could use it

HR Manager is designed to assist employers manage their legal obligations in relation to Employment Law, Human Resources, Health & Safety and Data Protection. Fully utilising HR Manager will demonstrate best practice, assist in the meeting of legal obligations and show due diligence.

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.

Roxanne Bradley

Legal Advisor

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.