Buying a car should be an exciting experience. Whether it’s your first vehicle or an upgrade, it’s often a significant purchase. Unfortunately, for many consumers things don’t always go to plan and problems can arise shortly after driving away from the dealership.
We are seeing an increasing number of disputes involving car dealers. While the Consumer Rights Act 2015 provides important protections for buyers who purchase a vehicle from a dealership or trader, enforcing those rights is not always straightforward, particularly when a dealer disputes responsibility for a problem. Understanding your position can help you resolve the issue more effectively.
When you buy a vehicle from a dealer, it must be of satisfactory quality, fit for its intended purpose and match the description provided at the point of sale. If it does not, you may be entitled to a repair, replacement or refund depending on the circumstances.
Common issues with vehicle purchases
Disputes with car dealers can arise for several reasons. This may be because the car develops a mechanical or electrical fault, has previously suffered damage that was not disclosed, or is not in the condition the buyer was led to expect.
We also regularly see disputes where a customer believes certain assurances were given during the sales process, only for the dealer to later deny responsibility or refuse to honour what was promised. Given the cost of purchasing a vehicle, it is understandable that these situations can be both frustrating and stressful.
Faulty vehicles
If a vehicle develops a fault soon after purchase, it does not automatically mean you are without a remedy. The timing of the fault and the nature of the problem will often be important when assessing what rights you may have against the dealership.
Misrepresentation
Another common source of disputes is misrepresentation. This occurs where a dealer provides false, misleading or incomplete information about a vehicle before the sale.
For example, a vehicle may have a higher mileage than advertised, an undisclosed accident history, or defects that were not mentioned during the purchase process. In some cases, the condition of the vehicle may have been overstated, or specific claims may have been made that later prove to be inaccurate.
If you relied on that information when deciding to purchase the vehicle, and it turns out to be untrue, you may have grounds to pursue a claim and seek an appropriate remedy.
Your rights under the Consumer Rights Act 2015
The Consumer Rights Act 2015 offers important protections to consumers who purchase vehicles from dealers or traders. It is important to note that your rights may be different if you purchased the vehicle from a private seller rather than a dealership.
The first 30 days after purchase
For the first 30 days after purchase, you may have the short-term right to reject the vehicle and obtain a full refund. This short-term right to reject applies where the vehicle is not of satisfactory quality, not fit for purpose, or not as described.
After 30 days
If more than 30 days have passed but you are still within the first six months of ownership, you continue to have legal protection.
Where a fault becomes apparent within the first six months, the law generally assumes that the fault was present at the time of purchase unless the dealer can prove otherwise. The burden is therefore on the dealer to demonstrate that the fault was not present when the vehicle was purchased.
In most cases, the dealer will first be given the opportunity to repair or replace the vehicle. If the repair is unsuccessful, or the issue cannot be resolved within a reasonable time, you may be entitled to reject the vehicle and seek a refund.
What if the dealer is not resolving the issue?
While some disputes can be resolved directly with the dealership, this is not always the case. Dealers may deny that a fault exists, dispute its cause, or simply fail to engage with attempts to resolve the issue.
If you have raised your concerns and have been unable to reach a satisfactory outcome, legal advice can help you understand your position and the options available to you.
How can Tees help?
We can advise on the strength of your claim, assist with pre-action correspondence and where appropriate, help you pursue legal action to seek a resolution.
If you believe you were misled when purchasing a vehicle from a private seller, it may still be possible to pursue a claim depending on the circumstances.
Our Dispute Resolution team has experience dealing with a wide range of consumer disputes and can provide advice tailored to your circumstances.
