Nov 292015
 

The Consumer Rights Act 2015 has recently been introduced.  However, new data from the RAC shows just one in 20 (5%) motorists are aware of the new law that gives anyone buying a vehicle significantly more protection if it turns out to be faulty.

The RAC believes the new law will strengthen the hand of buyers who think they have been mis-sold a used car or if a fault is revealed within the first 30 days. The new ‘short-term right to reject’ provision allows the buyer to demand a full refund – previously the dealer could simply replace or repair a faulty item or part.

Up to six months from the original date of sale, the dealer will be obliged to repair or replace the faulty part, and will only have one opportunity to fix the problem. If a repair or replacement is not possible or unsuccessful, the buyer will still be able to demand a reduced price or exercise their ‘final right to reject’, and demand full or partial repayment.

New research from the RAC’s Opinion Panel found that 95% of respondents were unaware of the new law. Of those that did know about it, just 30% correctly identified that the law came into force on 1 October 2015.

Despite the changes, four in 10 (39%) said they felt the new law would do nothing to change their confidence when purchasing their next used car, underlining the continuing deep-rooted mistrust of dealers.

However, the RAC warns that after six months the onus will be on the buyer to prove there is a fault with their vehicle, and that it was present at the time of sale. Motorists therefore need to be clear on their rights.

  20 Responses to “Know Your (New) Rights”

  1. Very good and helpful article
    I would not have of this new law
    Explains why Dealers are now offering “free” 6 month warranties

  2. The laws gone mad. I think the new consumer laws are far too much in favour of the buyers now. They will think they can return a car with a small complaint after weeks or months of using it and get a refund. I have heard of many an unscrupulous ‘ private’ buyer replacing a few parts with their own car then taking it back demanding a refund. A trader friend took back a car after 3 weeks with a duff gearbox and later discovered it had recently been replaced the private buyer had stolen the box and put a broken one in. I fear this sort of dishonest dealings will become more prevalent as the law is on their side. Ridiculous, but that’s Europe for you.

  3. Do the new rights apply in a private purchase, or just with dealers ?

  4. Hi,
    Are you saying that the minimum warranty on any used car is 6 months? A local dealer
    has said that they give only 3 months.

    Regards,

    Richard White.

    • Under the sales of goods act you have to prove that the fault was pre-existing, also there is the reasonableness test, so if you paid £1000 and the clutch went 6 months later then that is not unreasonable. Dealers are obliged to give a warranty and 3 months is the minimum. Otherwise, it is all a question of reasonableness.

  5. My friend is a car dealer and he bought me a car from BCA, it’s not even 3 weeks since I owned the car and the clutch plate has worn out. As per BCA they will not do anything about it. What can I do? It costing me an arm and a leg to change the clutch.

    • Unfortunately, the new rights do not apply to auctions unless there is some sort of misrepresentation. Buyers are recommended to be aware of what the auctioneer states during an auction.

  6. However, the RAC warns that after six months the onus will be on the buyer to prove there is a fault with their vehicle, and that it was present at the time of sale. Motorists therefore need to be clear on their rights.

    that is already in force, in the 1979 sales of goods act as amended

  7. Does this apply to vehicles purchased mid September or just vehicles purchased after 1st October?

    • It can apply retrospectively to sales before October 1st. It’s important to bear in mind that after six months the onus will be on the buyer to prove there is a fault with their vehicle and that it was present at the time of sale and will apply to purchases prior to October 1st.

  8. Does this only apply to sales after 1 October 2015?

    • It can apply retrospectively to sales before October 1st. It’s important to bear in mind that after six months the onus will be on the buyer to prove there is a fault with their vehicle and that it was present at the time of sale and will apply to purchases prior to October 1st.

  9. This is a timely reminder that the buyer needs to beware and the best course of action is to have the car inspected by the RAC or AA, if the seller objects then that is the first clue that all is not right.

  10. Bought a 2010e class merc on 25th Sept from dealership. Identified a number of faults within 4 weeks. Car broke down in week 5. I was initially happy with repairs, but only 1 repair has been conducted, and dealership has not responded to e-mails and calls to conclude. I have initiated a rejection through MB, but the dealership wants to inspect the vehicle privately before accepting my rejection request. Despite further calls to them..no reply. Any advice?

  11. I bought an Audi a4 in in July and after 13 weeks I had a oil pressure light come on. I had the car towed to a garage and after they done a diagnostics check they said they would not touch it. the car is now with my mechanic and I am waiting for him to tell me what the damage is. I went and saw the dealer that I got the car from and he told me in no other terms that he gave me 3 months warranty and that that was all he could do. I told him that this was unfair and he told me that he would not do anything else. I told him I would look into taking legal advise and I quoted this new consumer rights act to him and he had a little smile on his face. what can I do as I have had to get finance to get another car because I paid cash for the Audi car. what can I do?

  12. this is great protection for consumers, it is disheartening when you use all your spare cash on a second hand car only to be faced by a huge bill soon after, we all know al about second hand car salesmen.

    Good law

  13. I perchased an audi a5 on 2/10/15,the dealer was 150 miles away,when getting the car home I ran it into local audi just down the road,they found so many faults they cant believe it got an mot on it,it has so far cost me £900 to put right,the dealer being 150 miles away I had no way of getting the car to him,and being a dealer he was no help,is there a way of getting the money I have laid out,please let me know my rights in this matter thanks.

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