Used Car Consumer Rights – Short Term Right to Reject

The Consumer Rights Act 2015 is set to change the way car dealers & retailers sell used cars to the public with a super-charged version of the Sale of Goods Act 1979, giving customers the consumer law short-term right to reject a car within the first 30 days of purchase.

While it’s true that a customer doesn’t have to accept a repair or replacement and can demand their money back in the first 30 days, it’s not a “change your mind policy” and with rights come obligations. At first glance, nothing much seems to have changed, in that refunds can only be invoked if the vehicle is not “of satisfactory quality, fit for purpose and/or match the description.”

However, there are two caveats:

1. Unlike its predecessor, the burden of proof is on the consumer to establish that the car fails to meet the criteria and taking into consideration the price, age and any statements made by the dealer;
2. Secondly, it provides that if the consumer is made aware of a particular defect or it was obvious on reasonable examination before purchase then that defect will not be grounds for finding the car to be unsatisfactory. Obviously, fit for a particular purpose and/or matching a description makes for a slightly different issue.

Prevention is Better Than Cure

Simply, dealers can help themselves and reduce their risk by adopting a more robust sales process using a checklist which records the;

1. test drive in the car; and
2. static demonstration – going around the car introducing its benefits and of course dealing with the “are you going to replace that?” questions; and
3. pre-delivery inspection sheet; and
4. The MOT

Tips

Make sure your Ts&Cs are up to date and include information about:

1. your complaints process, ADR; and
2. Warranty; and
3. An agreement for returning the vehicle

For used car consumer rights advice, call Stormcatcher, the automotive law experts on 0333 700 7676 for first free advice.