Who Has The Right To Repair My Vehicle

When it comes to automotive and motor trade law, Stormcatcher have unparalleled experience and expertise both in the UK and internationally. As specialists, we have acquired in depth knowledge of automotive engineering and the idiosyncrasies of a vast array of different vehicle makes and models, from classic cars to supercars, motorhomes to lorries and HGVs.

With a lifetime of experience buying, selling, repairing, and working in and around the retail motor industry, we know the business inside out.

In the tradition of the television panel show, “Would I Lie To You,” car dealers, traders, their lawyers, and legal advisers say, “We have the right to repair your faulty car or goods”, and “You can’t get the car repaired without the selling dealer’s authority to do so, and if you do have it repaired, you can’t claim back the cost of repairs which haven’t been authorised”. Find out more about by reading out motor industry lawyers resources.

In the inimitable words of the host, Rob Brydon, is it true, or is it a lie? In answer to the question as to whether a car dealer has the right to repair your car, the answer is in the title of the law to which they refer, ie the CONSUMER Rights Act, rather than the SELLER’s Rights Act. Therefore, to say the dealer has a right to repair, is a lie.

It is you, the consumer, who has the right to repair. However, this is a qualified right, in that you cannot make the seller repair the car, and the seller may refuse to repair it if the cost of doing so is disproportionate, or it is impossible.

The common law remedy for breach of contract, to which the Consumer Rights Act applies [in business to consumer cases] is that the buyer is entitled to be ‘put in the position they would have been had the contract been properly performed and the breach not occurred’.

Therefore, we have to consider whether replacing an engine, for example, meets this standard, given that the vehicle will no longer be as it was before the fault occurred.

So in answer to the question whether the supplier must give its authority to have it repaired (and you can’t get the car repaired without it) the answer is no. Simply, the car belongs to you and therefore, the dealership has no basis to exercise any control over you or it.

To say the seller must authorise any repairs to your car ‘is a lie’.

Can you claim the cost of repair from the dealer?

This will depend. The rule is that you cannot claim for losses you have not tried to mitigate (lessen) or reduce. In other words, while naturally it is true to say, that if the seller offers to repair the vehicle free of charge, you will have suffered no loss.

On the other hand, if the seller refused to repair the vehicle or fails to respond to a request for repair, you have little choice but to have the car repaired and have the right to recover that cost from the seller, assuming they are liable for the breakdown or fault in the first place.

The idea that a customer can be held to ransom by the dealer and is unable to do anything to help themselves, is wrong. However, it is always advisable to obtain expert legal advice from a qualified and experienced car lawyer on the specific circumstances of your case.