The Consumer Rights Act 2015

The Consumer Rights Act came into force on 1 October 2015 and covers the purchase of goods, digital content and services including new and used cars from official dealers (it doesn't apply to private sales) as well as servicing, repairs and maintenance work. Products must be:The Consumer Rights Act came into force on 1 October 2015 and covers the purchase of goods, digital content and services including new and used cars from official dealers (it doesn't apply to private sales) as well as servicing, repairs and maintenance work. Products must be:

Of satisfactory quality
Fit for purpose, and
As described

(For cars purchased before 1 October 2015 the Sale of Goods Act still applies.)

The dealer must have the right to sell the vehicle and is liable for faults with the vehicle – that mean it was not of satisfactory quality – that were present at the time it was sold even though they may only become apparent later on.

Satisfactory quality

Satisfactory quality means that the vehicle should be of a standard a reasonable person would expect, taking into account things like its age, value, history, mileage, make and description.

An old car with high mileage wouldn’t be expected to be as good as a younger car with low mileage.
Each should still be roadworthy, reliable, and in a condition consistent with its age/price.
If a vehicle turns out not to be of satisfactory quality, the remedy will depend on the time that has passed and the nature of the fault – it's best to seek legal advice or visit http://www.adviceguide.org.uk.

Wear and tear

The dealer’s not liable for fair wear and tear, where the vehicle broke down or the fault emerged through normal use, nor are they liable if they drew your attention to the full extent of any fault or defect before you bought the car.

Fit for purpose

You must be able to use the vehicle for the purposes that you would normally expect from a vehicle including any particular purpose that you tell the dealer about before you buy, or which the dealer has advertised or gleaned from your conversation – towing or short journey use for example.

Faults, repairs and refunds

Under the new act, if a fault renders the product not of satisfactory quality, not fit for purpose or not as described, then the buyer is entitled to reject it within the first 30 days.

Between 30 days and 6 months

If a fault comes to light after 30 days but before 6 months you’re entitled to a repair, replacement or refund.

It’s assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise.
Unless you’ve agreed otherwise, the seller (dealer) has only one opportunity to repair (or replace) the faulty vehicle after which, if they fail to repair it, you’re entitled to a refund.
In the event of a refund following a failed attempt at repair during the first six months the seller may make a 'reasonable' adjustment to the amount refunded to take account of the use that you’ve had of the vehicle.

After 6 months

The burden is on you to prove that the product was faulty at the time of delivery if you want to pursue a claim for repair or replacement.

Consumer Protection from Unfair Trading Regulations

Dealers must also comply with the Consumer Protection from Unfair Trading Regulations (2008), which prohibit them from engaging in unfair business practises:

1. Giving false information – either verbally, visually or in writing, for example, misrepresenting the vehicle's specification or history at any time before, during or after the transaction.

2. Giving insufficient information – leaving out of hiding important information for example not disclosing the existence and results of all checks carried out on the vehicle's mechanical condition, history and mileage or failing to draw your attention to the key elements of any warranty, eg what's covered, claim limits and conditions to be followed.

3. Acting aggressively for example using high pressure selling techniques to sell a vehicle or associated finance or warranty.

4. Failing to act in accordance with reasonable expectations of what's acceptable.

5. 31 specific practices are banned outright including: falsely claiming to be a signatory to a Code of Practice; falsely claiming to be approved, endorsed or authorised by a public or private body; falsely stating that a vehicle will only be available for a very limited time in order to elicit an immediate decision to buy.

On 13 June 2014 The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 replaced the Distance Selling Regulations and gives you key cancellation rights when you enter into contracts at a distance.

You have a right to cancel from the moment you place your order until 14 days from the day you receive your goods.
Having decided to cancel within 14 days you then have 14 days to actually return the goods.
You should get a refund within 14 days of the dealer getting the car back.