How does the Consumer Rights Act 2015 protect me as a car buyer?

If you’re not happy with a recent vehicle purchase, you may be protected by a set of consumer rights when buying a car from a dealer. Here’s all you need to know about how the Consumer Rights Act 2015 applies when buying a new or used car.

What are your consumer rights when buying a car from a dealer?

When you buy a car from a dealership, you have greater protection than when you buy a car privately.

When buying privately, there are just a few car consumer rights that cover the sale. They are:

• The seller must have the right to sell the car
• The vehicle must match the description given by the seller
• The car must be roadworthy

But when you buy a car from a dealership, much more responsibility is placed on the seller, who must ensure the following conditions are met, under the terms of the Consumer Rights Act 2015:

• The care is as described
• The car is of satisfactory quality
• The car is fit for its purpose

This Act also gives you the right to ask for a full refund within 30 days of buying any product that proves to be faulty, including new or used cars.

What is the Consumer Rights Act 2015?

The Consumer Rights Act came into force on October 1, 2015, when it replaced the ‘Sale of Goods Act’. It was designed to offer much greater clarity on how businesses and service providers should behave.

It was also created to help rectify problems for consumers, in the event of goods or services not turning out to be as expected. And it has some specific rules and guidelines for the motoring trade.

How does the Consumer Rights Act 2015 protect car buyers?

Under the terms of the Consumer Rights Act 2015, when you buy a car from a trader, they must ensure the car is of satisfactory quality, which means it’s in the condition you’d expect it to be, given its age and mileage.

It must also be fit for purpose, which means you must be able to use the car for the purpose it was originally built for or modified to carry out.

Finally, the car must be ‘as described’, which means the car must be in the condition listed in the advert and have all the equipment listed. This is especially important when buying a used car, as there may be things missing from the original specification.

This law applies across England, Wales, Scotland and Northern Ireland, but there are certain conditions attached, depending upon when you report the fault.

Reporting a fault to the dealer within 30 days of buying a car

If your vehicle is not as described, not of satisfactory quality, or not fit for purpose, you are entitled to a full refund if you return it within 30 days of the purchase. This is known as the '30-day right to reject' and there are no conditions attached to rejecting a used car or a new car if it falls short of any of these requirements.

Reporting a fault to the dealer within six months of buying a car

If you find a fault after the initial 30 days but within six months of purchase, you are entitled to request a repair, a refund or a replacement. The law falls in favour of the consumer (buyer) and assumes the fault was there at the time of purchase unless the seller can prove otherwise.

The dealer has the right to repair the problem. If they can’t fix the problem at the first attempt, you are entitled to a refund unless you agree to give them more time to fix it.

If you do get a refund, it might not be for the full amount you paid for the car. This is because the amount of the refund is subject to wear and tear given that you will have started to increase its mileage as soon as you drive away from the dealership.

Reporting a fault to the dealer later than six months after buying a car

If you find a fault six months or more after the date you bought the car, you are still entitled to request a repair, a refund or a replacement. But the law now falls in favour of the dealer (seller) and it’s up to you to prove that the fault was there when you bought it. This can be tricky and will largely depend upon the type of fault.

If you successfully prove there was a problem with the car when you bought it, the dealer has the right to repair the problem. If they can’t fix the problem at the first attempt, you are entitled to a refund unless you agree to give them more time to fix it.

What should you consider when making a claim under the Consumer Rights Acts 2015?

The first thing to consider is that dealers aren’t responsible for anything that could be considered reasonable wear and tear. This can be anything from worn tyres to corroded brake cables, depending upon the age and mileage of the car.

The Act also doesn’t cover you if you simply change your mind about wanting the car. The only way you can do this and get a full refund is if you bought the car without first seeing it (if you bought it online, for instance) and return it within 14 days of buying it.

If something does go wrong with your car, make a note of what happened and when you first noticed it. If possible, take some photos of the problem. You should then contact the dealer by phone and in writing (email should be fine) and keep a note of the times and dates when you were in touch with them.

Before you do though, it’s worth remembering that the following applies when making a claim under the Consumer Rights Acts 2015:

• A private sale is not covered by this legislation
• You still have rights after six months from the original purchase date. But you as the buyer will then need to prove the fault was there at the time of purchase
• If the faults have been made clear to you before the sale, and you chose to go ahead with the purchase, you will struggle to make any claim
• Equally, if you missed something glaringly obvious at the point of purchase, such as a dent, you will struggle to make a claim
• The Consumer Rights Act also covers service, repairs and maintenance and not just your original purchase of the vehicle

What if the dealer doesn’t agree that there’s a problem with the car?

If the dealer doesn’t agree there was a problem when the car was sold to you, remember they will have to prove this is the case if you report it within six months of buying. If it’s after six months, the onus is on you.

If you’re having an issue with a dealer, the motor ombudsman is an independent organisation that could help to resolve the problem without having to go to court. If the dealership is part of the Motor Ombudsman’s Codes of Practice, you and the dealer will receive free advice and dispute resolution. This is always worth asking before you buy from a dealer.

What car consumer rights are available when buying with finance?

If you buy a car using vehicle finance, you might have further protection under section 75 Consumer Credit Act 1974 if you feel you were mis-sold credit. In this instance, you’ll need to prove you were mis-sold finance and provide the following evidence:

• Any documentation you were given with the car when you bought it, including invoices, brochures, manuals, adverts, the car service and MOT inspection history
• Any documents relevant to the finance agreement and pre-contract information
• Any supporting evidence, such as emails or text messages, that show conversations that occurred leading up to and shortly after an agreement was entered into

You should have a 14-day cooling-off period with any car finance arrangement, but this just means you have a certain amount of time to cancel your finance agreement. The sale of the car will still stand and you’ll have to pay for the car another way if you cancel your finance agreement.
If you have any questions on financing a car, including car finance for bad credit, get in touch with the team at Zuto. And use our car finance calculator to get an idea of how much you could borrow before you go car hunting.