Information regarding the Consumer Rights Act 2015
The Sale of Goods Act 1978, was replaced on the 01st October 2015, by the Consumer Rights Act 2015. This new act addresses issues of fairness within the old system and makes consumer recourse far easier against traders whom supply faulty motor vehicles.
Within the first six months from the vehicle purchase, onus lies with the dealer to prove the vehicle was not defective when the vehicle was sold.
In addition to this, the new ‘short-term right to reject’ provision allows the buyer to demand a full refund within 30 days of the purchase – previously the dealer could replace or repair the defective part.
After the initial 30-day period, but up to six months from the original date of sale, the dealer will be obliged to repair or replace the faulty item, but will only get one attempt at the repair or replacement. If repair or replacement is not possible, unsuccessful or another fault occurs within this time period, then the buyer will be able to exercise their ‘final right to reject’ and to claim a full refund. If a full refund occurs, the dealer is entitled to deduct a reasonable amount from the refund, based upon the amount of use the vehicle has received from point of sale.
If the fault occurs after the initial six-month period, the onus will be on the buyer to prove the fault existed at the time of purchase, should they wish to claim a full refund.
The legislation does not come into effect if the vehicle is sold with and repaired under a warranty scheme, which is separate to the consumer’s statutory rights and allows for multiple repairs.
The new legislation also applies to vehicle servicing, and stipulates a course of action for consumers who feel a service has not been performed correctly.
For further details, please visit the government website below;
What is a contract?
It is a legally binding agreement between 2 parties with the exchange of money or something of value for goods. Lots of contracts can be verbal and very few actually need to be in writing. Verbal contracts are binding but less easy to prove.
The law gives you the following rights under this contract.
The goods should be:
1. Of satisfactory quality
This means of a standard that a reasonable person would consider to be satisfactory – generally free from fault or defect. They should also be of a reasonable appearance and finish; safe and durable.
2. Fit for purpose
This means as well as being fit for all common purposes for which they are generally sold, goods should be fit for any specific or particular purpose made known at the time of sale.
3. As described
This means goods should correspond with any description applied to them – this could be verbally, on a sign, or packaging, or an advert.
It is important to remember these rights exist automatically, between you and the trader. The trader should accept liability for any problems under the contract.
Don’t be fobbed off by a trader who tells you to take it up with the manufacturer. Only when you buy goods directly from the manufacturer is your contract with them and the same rights as above will apply.
For further information regarding your consumer rights please click the links below: