Consumer Rights Act 2015: What you need to know when buying a vehicle from a car dealer

Buying a vehicle is a significant investment, whether it’s brand-new or used. As a consumer, it’s essential to understand your rights under the Consumer Rights Act 2015 which protects you when purchasing goods (including vehicles). The Consumer Rights Act clarifies what you can expect when you buy a car from a dealership and provides clear steps to take if your vehicle doesn’t meet the expected standards.

The Act is designed to ensure that vehicles sold to consumers meet certain standards. They must be of satisfactory quality, fit for purpose and as described. If your vehicle develops a problem after purchase, you should:

Step 1: Contact the seller immediately, ideally in writing so that there is a record of the communication. Be sure to be clear about the fault and include any photographs.

Step 2: Request a remedy. At this point, the dealership may wish to inspect the vehicle before it is taken to an alternative garage. You must give them the opportunity to inspect the car and remedy the situation.

If the fault is within 30 days of purchase, you may be able to exercise your right to reject and request a refund. If the fault is after 30 days but within 6 months, then you are entitled to a repair or replacement. You must allow the dealership a reasonable amount of time to deal with the request. If a repair or replacement is impossible or if the vehicle continues to be substandard after it has already undergone one repair/replacement by the trader, or it was not carried out within a reasonable time, then you may keep the goods and insist on a reduction in the price or reject the goods and obtain a refund which may, in some circumstances, be subject to a deduction to reflect the usage (i.e. mileage).)

Step 3: If the dealership still refuses to engage or assist you then you should seek legal advice. You should check your car/home insurance policy to ascertain whether you have any “Legal Expenses” cover which may assist you in a dispute such as this.

Please note the above only applies if it was a “cash purchase” vehicle and not by way of a PCP (Personal Contract Plan), HP (Hire Purchase) or other such finance arrangement. The rules and procedures are slightly different in these circumstances. You should seek legal advice if you find yourself in a scenario whereby you have purchased a vehicle using one of these finance plans and the vehicle is faulty.

Section 75 of the Consumer Credit Act 1974 protects any payments made by credit card if the cash price of the goods is more than £100 but not more than £30,000. However, you should note that there can be strict time limits for pursuing a chargeback. Seek advice before pursuing a payment through your credit card company.

If you buy a vehicle from a private seller (rather than a dealership), the Consumer Rights Act 2015 does not apply in the same way. Private sales are typically seen as “let the buyer beware” situations. However, if the vehicle is misrepresented (i.e. if the seller knowingly provides misleading information about the condition of the car), you may still have legal recourse.

Many dealerships offer warranties or guarantees which provide additional protection on top of your statutory rights. Warranties typically cover repairs or replacement for a set period, so always check the terms and conditions of any warranty offered by the dealership.

If you’re in doubt or facing an issue like the above, please feel free to reach out to either Liam O’Shea (loshea@astlepaterson.co.uk) or Jodie Holmes (jholmes@astlepaterson.co.uk) of our Litigation Team or call us on 01283 531366.