If you purchased a second hand car from a reputable car showroom or a car garage there are a number legal obligations on the seller. If you have purchased a faulty or defective car in England and Wales, we explain your legal rights below.
What are my rights if I buy a faulty or defective car?
If you have identified a fault with your car then you have the following rights:
- Right to Reject: Within 30 days of purchase, you have the right to reject the faulty car and receive a full refund from the seller. The refund should cover the purchase price, any delivery charges, and reasonable costs incurred due to the purchase.
- Right to Repair or Replacement: If more than 30 days have passed since the purchase, or the right to reject has been exercised, but you still want to keep the car, you have the right to request the car is repaired by the seller. The seller is responsible for carrying out the repair(s) free of charge.
- Right to Price Reduction: If a repair or replacement is not possible, or does not resolve the issue satisfactorily, you can ask for a price reduction. The amount of the reduction depends on the extent of the fault and its impact on the car’s value.
Can I return the faulty car after I have driven it?
Yes, you can return a faulty or defective car even if you have driven title for a number of miles. If the fault makes the car unroadworthy or significantly deviates from the seller’s description, you can reject the car and receive a full refund within 30 days of purchase.
After this period, you can still request a repair or price reduction of the defective car from the seller. If the seller fails to resolve the issue, or it is impossible for the car repairs to take place, then you have the opportunity to reject the defective car and ask for a full or partial refund.
What if I bought a faulty car from a dealer and I have a finance agreement?
When you purchase a faulty car from a dealer with a finance agreement, you can seek remedies from both the seller and the finance provider, under Section 75 of the Consumer Credit Act 1974.
Both parties need to be notified of the faulty and defective car. It is advisable to seek legal advice from professionals experienced in consumer rights law.
What if I get refused by the car dealer that sold me the defective car?
If you are refused a refund by the car dealer after purchasing a faulty car, you may have the following remedies:
- Contact the car dealer and assert your rights under the Consumer Rights Act 2015. Clearly state your desired solution.
- Start court action against the car dealer to seek a refund of the purchase price and return the defective car.
- Consider alternative dispute resolution methods, such as mediation or arbitration, to reach a solution without going to court.
Disputes Worth Less Than £10,000
For consumers who have purchased a defective car, we offer a number of funding arrangements for consumer disputes such as Fixed Legal Costs Litigation.
It is important to understand if your consumer claim is less than £10,000, then you are only entitled to recover legal costs of a few hundred pounds, if you win your case. We would be happy to discuss our fixed fees for consumer disputes which are valued more than £7,000.
You can review our ‘Free Stuff’ section and download our free template called ‘Letter of Complaint and Request for a Refund’.
If you seeking a consumer disputes lawyer, we can help your case. To book a Free Consultation Call, with Mr Usman Anwar Legal Director, you can complete the Contact Us Form or email us on email@example.com
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