Author: Roxanne Bradley
Published: February 23, 2017
Reading time: 2 minutes
This article is 5 years old.
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If you’re a client then you will know how much the team (Legal Advisors) go on about carrying out due diligence checks before a vehicle is sold.
If you have received a complaint in regards to a fault with a vehicle, then its highly likely some of the first questions you will be asked by us is what checks did you carry out before you sold the vehicle. Did the vehicle have a new MOT, did it have a PDI (pre delivery inspection) carried out and did It have any other relevant checks such as a RAC or AA inspection.
The reason we ask is because of S19 (15)(a) Consumer Rights Act 2015. The Consumer Rights Act 2015 assumes a fault was present at the time of sale if it is within the first 6 months of purchase, however S19 (15)(a) provides this presumption to be rebutted IF the seller can establish that the goods did conform to the contract on the day of purchase.
Therefore, the checks you carry out prior to selling the vehicle provides evidence to show the vehicle was of satisfactory quality.
Obviously this isn’t the answer to all claims but it certainly can be of assistance in many of them.
Furthermore, if a case was to proceed to litigation, the Judge can take account of the checks carried out by the seller and it is for the Judge to decide on the balance of probabilities if the fault was there at the time of sale.