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Used car consumer rights

Used Car Consumer Rights Legal Advice & Services

Used car consumer rights

Used car consumer rights unsurprisingly are derived from the Consumer Rights Act 2015. This covers all vehicles sold by a car dealership or motor trader to a private individual, that’s to say someone not acting mainly or wholly in the course of a business.

The law states that your rights when buying a used car from a dealer are that a used car should be of satisfactory quality, fit for purpose and to match the description given by the dealer.

This mirrors the preceding Sale of Goods Act 1979, but what does this really mean.

In practical terms satisfactory quality, is defined as the car conforming with expectations for a vehicle of the age, mileage, type of car and other factors. Therefore, depending on these factors a used car is not expected to be fault free and will require wear and tear parts replaced sooner or later. This said, parts such as the clutch and DPF (diesel particulate filter) and EGR valve which do require periodic replacement are not automatically excluded from used car consumer rights.

This is also true for telematics and infotainment which includes sat nav, comms and mobile phone integration. Defects, faults and issues have been previously dismissed by dealers and manufacturers as requiring a software update are now gaining increased support for grounds for rejection

Used car consumer rights legal advice

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Initial free motor trade lawyer consultation

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your rights when buying a used car from a dealer

like many things the internet paints a simplistic view of your rights when buying a used car from a dealer.

It is true that you have the right a short term right to reject a used car within 30 days, the right to have it repaired, replaced, a price reduction or the final right to reject a used car.

However, enforcing your legal rights is a whole different matter. The internet forums would have you believe that its as easy as taking an unwanted Christmas present back to Argos: its not.

The short term right to reject a used car is arguably the most challenging due to the burden of proof being on the buyer although this is, itself contentious. Cynics would say that the law is weighted in favour of having the vehicle repaired rather than rejection which these is a fair bit of support for.

On the other hand, others would say there’s little point in having a right to reject a used car and make it unnecessarily difficult to invoke.

Want to reject a used car

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Deduction for use

After the first 30 days a dealer can make a deduction from a refund due to a customer rejecting a motor vehicle to account for the customer's use since the purchase of the car. Give our legal experts a call for guidance on the calculation of any reduction.

Retail motor industry expert

Unlike traditional motor solictors and consumer rights solicitors‌‌, stormcatcher lawyers are retail motor industry experts.

We advise car dealerships on complaints from customers who want to reject a car and private clients on your rights when buying a used car from a dealer, used car consumer rights laws‌‌ or all types of car sales complaints‌‌.

Defending and bringing claims gives us the real world insight into what judges and the Ombudsman look for, what issues gain favour and what don’t , most importantly what it takes to win.

Call the Retail motor industry expert

0333 700 7676

 

 

Dealer protection

Used car consumer rights is far from a walk in the park and is likely to cause businesses in the automotive sector some problems which can be reduced with appropriate terms and conditions, policies, procedures and staff training.

Call the retail motor industry expert

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