Used car warranties – What are you liable for?

legal updates

If a fault is found to have been developing at the time of sale, this could become the trader’s responsibility to provide a remedy.

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.

Warranties are usually included as an additional extra when buying a car and give the consumer peace of mind that should something go wrong, the warranty acts as a “financial umbrella” to cover all or part of a repair cost. However, providing a warranty on the vehicle does not negate the buyer’s consumer rights as some traders may assume.

Warranties can be used against some vehicle repairs and usually have a claim limit depending on which provider is used.

Most of the time, using the warranty for a fault that has arisen would be the easiest option for both the trader and the consumer, however, the consumer does not have to use their warranty. A consumer can choose not to use their warranty for any issues and request the trader undertakes any necessary repairs on the vehicle for which they are liable.

That does not mean a consumer is entitled to come after the trader for every single issue with the vehicle. Regular maintenance and wear and tear items are still the consumer’s responsibility to repair if required, and most warranties do not cover wear and tear items.

Items such as worn clutches, worn brake components, and consumable items are usually not covered by the warranty, but this varies depending on the warranty company. However, if a fault is found to have been developing at the time of sale, this could become the trader’s responsibility to provide a remedy.

Therefore, if a consumer raises an issue that is covered under the warranty, do not assume you do not have to get involved. You may still be liable to repair or accept the rejection of a vehicle even if the repairs are covered under the warranty.

Our HR Manager portal now provides Lawgistics members with the Warranty Management System to manage their own self funded warranties. Contact our Client Care team on 01480 455500 for assistance in setting up your warranty management scheme.

WeRecruit Auto LtdPermanent Automotive Recruitment from an experienced and trustworthy recruitment partner.

We cover roles within all departments and sectors of the Automotive industry, and are here to listen to your specific needs and find the most suitable candidates to fit your business.

Kimberly StickleyTrainee SolicitorRead More by this author

Related Legal Updates

The omni-channel approach and distance sales

The conclusion of a contract when purchasing a vehicle occurs when a deposit or the full purchase price is paid.

A New Case – What Do We Need From You?

You might be thinking, “Why do my thoughts and comments matter?”

Always prep, check, then check again

If you state that every vehicle comes with a new MOT, then ensure that they do!

How to legally get rid of an uncollected vehicle

Unlike a notice to collect goods, a notice of intention to sell uncollected goods can be used for all types of conventional bailment, and not just where the goods were left for repair, valuation, or storage.

What are your legal obligations once you have a customer’s vehicle?

Bailment is one of the most common legal relationships that many businesses find themselves in with consumers.

The finance industry focuses on durability, and misses the point!

There is plenty of sound legal authority that makes clear a buyer of a used vehicle must expect that faults will develop sooner or later.

Deposit and Fair Contractual Terms

Explore the intricacies of contract commitments and the bounds of consumer rights in our latest analysis, where a £3000 deposit dispute underscores the significance of clear terms and buyer responsibilities.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.