You sell a vehicle. A few months later, a consumer drops it off with a fault and asks for a refund. What do you do?
First, you need to determine what the fault is and whether it could have been present or developing at the time of purchase. The reverse burden of proof applies between 30 days and six months after purchase.
Within the first 30 days, and again after six months, this burden shifts to the consumer to prove that the fault was present or developing at the time of purchase.
For this example, the vehicle was returned to you three months after purchase. Because this is after the first 30 days but within six months, the trader’s single repair opportunity can apply if proportionate.
Now, if you have not repaired the vehicle previously, traders have one opportunity to repair the vehicle, unless the repair is impossible or is uneconomical in comparison to the other remedies available to the consumer. Let’s imagine this repair is possible and is not uneconomical.
Despite the consumer not being entitled to a refund, and even if you have your first opportunity to repair, this does not give you the right to repair the vehicle without the consumer’s permission.
If a consumer requests a refund, whether that request is valid or not, and you repair the vehicle without their permission, you may be deemed to have accepted the rejection.
As a trader, you need to obtain permission for the repairs to be carried out before the vehicle is repaired, no matter how small they are. Preferably, you should get this in writing (either via email, text or letter) to ensure no miscommunication going forward.
If you have had the same issue or a similar problem, why not call our legal team at Lawgistics? Our helpline can talk it through, and our casework service can handle it for you.
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