Car sales lawyers
Stormcatcher are automotive specialists and car sales law experts offering legal advice and services to car dealerships, garages and private clients around all aspects of used car consumer rights. We have deep industry knowledge and experience of all types of motor vehicle, and the associated potential for problems that come with their purchase.
We can advise you if you’ve bought a car that is:
- Not as described
- Faulty
- Stolen
- Still on finance for a previous owner
- An insurance write off
What Our Customers Are Saying
Common car sale issues
Buying a car can be something of a minefield; some of the common legal issues that can arise during this important purchase include:
Faulty cars
Dealers should be selling roadworthy vehicles without serious faults; selling a vehcile that is not roadworthy or had serious mechanical issues despite being advertised as in good condition breaches trading standards for car dealers and is illegal.
Misrepresentation
A vehicle dealer or a private seller can mislead a buyer through false information about the car’s history, mileage, and/or condition.
Failure to disclose accidents or write-offs
This means hiding from the buyer that the car has been previously written off or involved in an accident.
Manipulated mileage
‘Clocking’ mileage, which means making the car’s mileage look lower than it is, can fraudulently increase its value. You’re paying an increased price for a car that’s got a shorter life span than you are led to believe.
Breaching a warranty agreement
This means a dealer fails to honour a warranty or guarantee that they provided when you bought the car.
Outstanding finance
Buying a car that’s still owned by a lender under a previous finance agreement that you weren’t made aware of could lead to potential repossession of the car.
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Our approach to used car consumer rights
Used car consumer rights are designed to protect you when you’re buying a used car from a dealer. However, interpreting car sales law and used car consumer rights is not as easy as the internet would have you believe. The biggest challenge is always trying to establish what makes a car not ‘of satisfactory quality’ or ‘not fit for purpose’.
It is true that vehicles that aren’t of satisfactory quality may give the buyer the right to reject a used car or the right to a repair or price reduction. With many wear and tear parts on a motor vehicle that require periodic replacement, consumers can have an unrealistic expectation as to what triggers the used car consumer rights.
This is made worse with technological advancements such as DPF or EGR valves, which also need to be replaced from time to time but are expensive to do so.
Understanding which issues fall within the used car consumer rights and those that are wear and tear requires a used car expert. Unlike consumer rights solicitors, Stormcatcher car sales lawyers have in-depth technical knowledge of the cars and their issues.
While the most common second-hand car complaint involves the sale of a faulty car or unsatisfactory quality, mis-selling of a car not as described is equally common. This is derived from the law of misrepresentation, which involves statements made by a car dealer concerning mileage, service history, and the number of previous owners not being true. These can also be grounds on which to reject a used car.
While much of what applies to car sales comes from a wider legal framework, including statutory protections and evolving case law, it's important to understand how these rules fit together in practice. For a broader statutory overview and a clearer understanding of your rights and remedies, see our consumer law for car sales page.
What are the benefits of using a car sales solicitor?
Legal expertise
Without using a lawyer for car sales, you’re entering into a dispute blind, potentially leading you to a negative outcome when in fact you could be due compensation, a refund, or the ability to return the car. A car sale lawyer can use their experience to navigate this complex world.
Dispute resolution
Ultimately, you know what you want from your claim or complaint, and car sales lawyers can help you get it. In many cases, they can do so without having to go to court, which can be costly, inconvenient, and pretty stressful.
Contract and paperwork review
Being blinded by legal terminology could mean missing misleading unfair terms or hidden sales clauses; a car lawyer can flag this up early on.
Call The Leading Car Sales Legal Experts
Used Car Consumer Rights
Used car consumer rights set out your rights when buying a used car from a dealer. However, interpreting car sales law and used car consumer rights is not as easy as it says on the internet. The biggest challenge is always trying to establish what makes a car not of satisfactory quality or not fit for purpose.
It is true that vehicles not of satisfactory quality may give the buyer the right to reject a used car or the right to a repair or price reduction. With many wear and tear parts on a motor vehicle which require periodic replacement, consumers can have an unrealistic expectation as to what triggers the used car consumer rights.
This is made worse with technological advancements such as DPF or EGR valves which also need to be replaced from time to time but are expensive to do so. So, is the cost of the replacement parts relevant?
Understanding which issues fall within the used car consumer rights and those that are wear and tear requires a used car expert. Unlike consumer rights solicitors, Stormcatcher car sales lawyers have in-depth technical knowledge of the cars and the issues.
While the most common second-hand car complaint involves the sale of a faulty car or unsatisfactory quality, mis-selling or a car not as described is equally common. This is derived from the law of misrepresentation, which involves statements made by a car dealer concerning mileage, service history, the number of previous owners, etc., not being true. These can also be grounds to reject a used car.
Motor Ombudsman
The Motor Ombudsman Service is an alternative dispute resolution service that looks into consumer complaints made against new car dealers and repairers who have signed up to its code of conduct. However, the Motor Ombudsman cannot consider cases involving used cars or any claim or award would exceed £10,000 or it has been more than a year since you complained to the garage or received their final response.
Naturally, as the Ombudsman is supposed to be impartial customers are unable to receive legal advice about their issue. If you are thinking about making a complaint, call us first for first free advice.
We Can Advise on How to Reject a Used Car
Our car sales lawyers
Our team of expert car lawyers are led by Philip Harmer. Regarded amongst peers and clients alike as an industry leader in the field of automotive law, his knowledge of legal issues within the motor trade has helped reach countless positive conclusions. This insight guides his clients and his team to success in the cases of misrepresentation, breach of consumer rights, and fraud.
Why choose Stormcatcher Law?
We’re different from automotive solicitors and law firms. Clients come to us not only because we know about car sales law and used car consumer rights, but also because of our unique technical knowledge of the cars and the motor trade. We’re lawyers for bad car sales that right the wrongs for our customers.
Having worked in the car trade for over 30 years, from independent motor dealers to main franchise dealerships and motor manufacturers en route to law, we literally know the business inside out.
As lawyers, we’ve successfully dealt with all manner of cases involving every type of vehicle from those worth £100 to ones worth over £1m, as well as a full spectrum of car legal issues. These include the legalities of car warranty, PCP finance, servicing, sales, and repairs.
Our expertise and experience includes but is not limited to:
- Return a car on finance: Are the rights the same if you bought a car with cash or on finance?
- Buying a car that has finance owing: What are your rights as a private buyer if you bought a car with outstanding finance?
- Car on finance that’s broken down: If you have bought a car from a garage with finance and it’s broken down, what are your rights?
- Return a used car: What are the basis and issues which trigger your right to reject?
First Free Advice on Your Rights When Buying a Used Car From a Dealer
Car Sales FAQ
Car sales law covers all the statutory and common law rights surrounding buying and selling cars, repairing, restoring and financing motor vehicles. This involves contract law and Tort such as negligence and misrepresentation along with the following legislation:
- Sale of Goods Act
- Supply of Goods and Services
- Consumer Rights
- Misrepresentation
- Consumer Protection from unfair trading
Yes, section 75 of the Road Traffic Act 1988, makes it a criminal offence to expose for sale or sell an unroadworthy car. This could be as simple as selling a car without an MOT, or one which has been poorly repaired.
People who have bought a car from a private seller, either from the roadside or on eBay or Autotrader, don’t get the same protection under the Sale of Goods Act, Consumer Rights Act or car sales law as they would from a trader. However, the law does give recourse to those who have purchased a car only to find out the seller didn’t have legal title.
Not necessarily, the law is not a big fan of exclusion clauses under any circumstances but will construe them narrowly and literally. This means that you would have to specifically state that terms under the Sale of Goods Act 1979 and the Supply of Goods and Services Act 1982 are excluded. There would also need to be a non-representation clause limiting reliance upon anything said or done leading up to the inception of the contract.
A buyer of a new Audi TT sought to reject it because he said it was not of satisfactory quality because it veered to the left. The dealer disputed this and the case ended up in court.
Following various expert opinions, it was revealed that the car was camber sensitive which caused it to veer slightly if the driver took their hands off the steering wheel.
There was no negative impact on tyre wear or any other parts and as a result, the court ruled in favour of the dealership on the basis that the issue was a characteristic of the car.
This has led to the “characteristic defence” being adopted, although almost without exception, wrongly.
It has become commonplace in car sales disputes for the seller or the finance company to suggest that the damage to the car was caused or made worse by the driver not stopping immediately or continuing to use it after the fault occurred.
However, in similarity to the ‘characteristic defence’, it gets used over judiciously and is invariably incorrectly applied. The bottom line is, there are very few trump cards, or ‘cure all’ defences in law and this isn’t one of them; when in doubt consult an expert.
Consumer rights laws are wide-ranging and complex, and car-not-fit-for-purpose claims are not an easy fit, often requiring a used car expert. Your rights when buying a used car from a dealer include the legal right to reject a car on finance, refund, repair or replace the vehicle and how to take a motor trader to court if they don’t comply with consumer rights laws.
Put simply, it can take a moment to spend your money on buying the car, but it can take months to get it back.
Many dealers still adopt the old saying “ask me no questions, I’ll tell you no lies” but in reality, traders have a legal obligation to inform customers about anything which would impact upon their decision making when buying the car. This would include:
- whether the car had previously been written off
- the number of previous owners
- it had been sold and rejected by the previous owner
- the engine had been replaced
In short yes, the Consumer Rights Act 2015 and other statutory rights apply to commercial vehicles and motorhomes, depending on whether the buyer is a consumer.
There may be additional issues to consider in terms of whether they are fit for purpose given that commercial vehicles are likely to be bought to carry goods and motor homes are intended to be temporarily lived in.
No, while there is a legal right to request a repair, the dealer cannot be compelled to carry out a repair if the cost to do so is disproportionate. This has to also be considered before you carry on with expensive repairs to the vehicle expecting to claim the cost back from the dealer.
The Motor Ombudsman Service is an alternative dispute resolution service that looks into consumer complaints made against new car dealers and repairers who have signed up to its code of conduct. However, the Motor Ombudsman cannot consider cases involving used cars, any claim or award that would exceed £10,000, or if it has been more than a year since you complained to the garage or received their final response.
Naturally, as the Ombudsman is supposed to be impartial, customers are unable to receive legal advice about their issue. If you are thinking about making a complaint, call us first for free advice.
Contact Stormcatcher Motor Industry Lawyers for First Free Legal Advice
About Philip Harmer
Philip is a motor vehicle expert, having spent over seventeen years as an independent motor dealer. Through buying, selling, and repairing thousands of vehicles, he developed detailed make- and model-specific knowledge, including the characteristics, known issues, and vulnerabilities that commonly affect vehicles at point of sale. He brings this experience directly to bear when advising clients on car sale disputes, misrepresentation, and rejection claims.
He regularly advises on car sale disputes, vehicle rejection claims, and used car complaints.
Contact Stormcatcher for First Free Advice