Faulty Purchased Vehicles and the Law Guide
Introduction
Purchasing a new or used car is a significant investment, and discovering faults or hidden issues can be distressing. At Clodes Solicitors, we frequently assist clients with car legal issues, including returning faulty vehicles, seeking repairs or damages, and resolving disputes with dealers or private sellers. This article explains your rights under UK law, the steps you should take, and what to expect in different scenarios, including outstanding finance and undisclosed insurance categorisations.
Your Rights When Buying a New or Used Car from a Dealer
1. The Consumer Rights Act 2015
If you buy a car from a dealer (whether new or used), you are protected by the Consumer Rights Act 2015. This legislation states that the vehicle must be:
- Of satisfactory quality
- Fit for purpose
- As described
If the car is faulty, you have the following rights:
- Within 30 days: You can reject the car and claim a full refund.
- After 30 days but within 6 months: The dealer has one opportunity to repair or replace the vehicle. If the repair is unsuccessful, you may be entitled to a refund or price reduction.
- After 6 months: The burden of proof shifts to you to show the fault was present at the time of purchase.
2. Must You Give the Dealer an Opportunity to Repair?
Yes, after the initial 30-day period, the dealer is usually entitled to one opportunity to repair or replace the vehicle before you can reject it or seek a price reduction. If the repair fails, you may then reject the car.
3. Is a Replacement Vehicle Provided During Repairs?
There is no automatic legal right to a courtesy car while your vehicle is being repaired. However, some dealers may offer this as a goodwill gesture or as part of their service package. Always check the terms of your purchase or warranty.
Buying a Used Car from a Private Seller
When purchasing from a private individual, your rights are more limited. The car must be:
- As described by the seller
However, there is no legal requirement for the car to be of satisfactory quality or fit for purpose. If the seller misrepresents the vehicle (for example, by failing to disclose a major fault), you may have a claim for misrepresentation, but these cases can be more complex.
Outstanding Finance on a Used Car
If you discover that a car you have purchased is subject to outstanding finance, the finance company may have a right to repossess the vehicle. Dealers are legally required to ensure that any finance is settled before selling the car. If you bought from a dealer and the car is subject to finance, you may have a claim against the dealer. If you bought privately, your options may be more limited.
Undisclosed Insurance Categorisation (e.g., Category S or N)
Dealers must disclose if a car has been written off by an insurer (e.g., Category S or N). Failure to do so may entitle you to reject the vehicle or claim compensation. Private sellers are not under the same obligation, but if they actively mislead you, you may have a claim for misrepresentation.
What to Do If You Have a Car Legal Issue
- Act quickly: The sooner you raise the issue, the stronger your position.
- Keep records: Retain all correspondence, receipts, and reports.
- Contact the seller: Notify them in writing of the fault and your desired remedy.
- Seek legal advice: If the matter is not resolved, professional legal support can help protect your rights.
Contact Clodes Solicitors for Expert Advice
If you are facing issues with a faulty car, outstanding finance, or undisclosed insurance categorisation, Clodes Solicitors can help. Our experienced team advises clients across England and Wales on all aspects of car law and consumer rights. Contact us today for a confidential consultation.
Frequently Asked Questions
Can I return a car if it is faulty?
Yes, if purchased from a dealer, you have statutory rights to reject, repair, or replacement depending on the timing and circumstances.
Do I have to let the dealer repair the car?
After 30 days, the dealer is usually entitled to one attempt to repair or replace the vehicle.
What if I bought the car privately?
Your rights are limited, but you may have a claim if the car was misrepresented.
What if there is outstanding finance?
You may have a claim against the dealer if they sold you a car with outstanding finance.
What if the car was a write-off and I was not told?
You may be entitled to reject the car or claim compensation if the dealer failed to disclose this.
Clodes Solicitors – Your Car Law Experts
For tailored advice on your specific situation, contact Clodes Solicitors today. We are here to help you resolve your car legal issues efficiently and effectively.
We will provide you with a fixed fee quote for an initial consultation and written advice.
This article is for general information purposes only and does not constitute legal advice. For advice on your individual circumstances, please contact Clodes Solicitors directly.
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