Author: Nona Bowkis
Published: December 8, 2014
Reading time: 2 minutes
This article is 10 years 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.
It is not unusual for customers to rock up and demand that our dealers provide a refund or repair for their used car because x,y or z has happened in the first 6 months after purchase.
Customers will often argue that they have been advised that the dealer has to sort out anything and everything that goes wrong in those first six months. Well, it ain’t necessarily so. Yes, under the Sale of Goods Act, the starting point is that goods will be assumed to have been faulty at the point of sale if a problem occurs in the first 6 months.
However, there is more to that part of the Act and if a dealer can prove, by for example HPI paperwork or pre-delivery checks and servicing records, that the fault was not present at the point of sale, there is no liability for the dealer.
Similarly, if the problem is a wear and tear item that would be expected from a car of such age and mileage, the dealer is also unlikely to be liable. So, the ‘6 month rule’ isn’t as clear cut as some customers have been led to believe. If you have such a customer and want to discuss the potential strength of their argument to get it straight in your own mind, do give us call.
We are always happy to act as a sounding board for Members and if and when necessary, write to the customer on your behalf.
