Car Sales Law
Automotive specialist and car sales law experts offering legal advice and services to car dealerships, garages and private clients on all aspects of used car consumer rights and car sales complaints.
As used car experts we have deep industry knowledge and experience in all types of motor vehicle and all manner of problems with cars and dealers including mis-selling, misrepresentation, Sale of Goods Act or breach of contract.
If you’ve bought a faulty second-hand car, a stolen car, bought a car with outstanding finance, an insurance write off or one not as described, or a car that has developed a problem and need to know your rights when buying a used car from a dealer we can advise you.
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 because of our unique technical knowledge of the cars and the motor trade.
Having worked in the car trade for over 30 years, from independent motor dealer to main franchise dealership and motor manufacturer on route to lawyer we literally know the business inside out.
As lawyers, we’ve successfully dealt with all manner of cases involving every type of vehicle from £100 to £500,000 plus and every legal issue from car warranty, PCP finance, servicing, sales and repairs.
Our expertise and experience includes but is not limited to:
- 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 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?
- Return a car on finance: Are the rights the same if you bought a car with cash or on finance?
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.
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.
Buying a Car
Buying a used car is a big deal and a long term financial commitment whether you pay for it with your savings or with HP, PCP or a car finance agreement. Although the majority of cars are sold by traders and main franchise dealers, every car should meet the standard set by the Consumer Rights Act. However, car sales law is complex and often misunderstood; if in doubt phone an expert.
Your Rights When Buying a Used Car From a Dealer
Internet forums, consumer websites and Citizens Advice guides are full of information about your rights when buying a used car from a dealer. However, 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 conform to consumer rights laws.
Simply it can take a moment to spend your money on buying the car but it can take months to get it back.
People who have bought a car from a private seller, either from the roadside, off 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.