Buying a Car
When you buy a car, whether brand new or second hand, you benefit from the protection of certain statutory consumer rights as provided for under the Sale of Goods Act. However there is some variation in these rights depending on how you buy the car and who you buy it from.
Your statutory rights
First and foremost, whoever sells you the car must ensure they have the right to sell it and can pass on full ownership to you. If it turns out that the car is stolen or belongs to a finance company, you will not automatically then own it, even if you have already handed over the cash.
Secondly, the seller must ensure that the car is exactly as described. Therefore if it has air con, CD player etc, then these features must not only exist, but they must also work; if it is in excellent condition, it should be relatively free from marks, scratches, dents and rust; if certain parts have been replaced, they must not then break down after a short time and so on. The description of the car also includes make, model and accurate mileage
Thirdly (and this is where your rights differ), if you have bought the car from a dealer, the car must be of satisfactory quality. Satisfactory quality is defined as what a ‘reasonable person’ would regard as acceptable, taking into account factors such as price paid, fitness for purpose specified, appearance and finish, safety and durability. If it becomes apparent that the car was not of the quality you were led to expect, you are quite within your rights to go back to the dealer, even after some weeks or even months of use. If it was the case that you were invited to carry out a thorough inspection of the car before purchase, and then you go back to complain about something which that inspection should have revealed, you will have no legal rights in that regard.
If you have bought the car from a private seller, who does not normally trade in cars, then there is no legal obligation on the seller to provide a car of satisfactory quality, and it is therefore a much riskier purchase. For this reason, there are more consumer complaints about the purchase of second hand cars than any other, so exercise significant caution – buyer beware!
The seller’s responsibility
In the event that you have to take a car back to the seller on the basis of a breach in one of your statutory rights, the seller cannot try to refer you to the manufacturer under the context of a guarantee or warranty – and particularly not when it involves additional cost to you. Any warranties or insurance policies offered by the seller are additional to these rights and cannot replace them.
Beware of car dealers posing as private sellers. They do this to evade their legal rights as regards satisfactory quality. If the individual trying to sell the car cannot provide paperwork to prove that he/she is the actual owner of the car and has been so for a while, then they may be a dealer trying to get rid of a dodgy car.
If there is a problem
These are your statutory consumer rights. If any of them are breached you are within your rights to go back to the seller, who will then be legally required to remedy the situation in a number of different ways, depending on your situation and the nature of the complaint. The law requires you to act reasonably too, so if the problem is minor and can be repaired easily, within reasonable time, at no additional cost to you and without causing any significant inconvenience, then the dealer can insist on a repair as a first option. But remember that this will not stop you from taking it back if the repair is unsatisfactory or there is something else wrong with the car.
If the car cannot be repaired, if the repair is unsatisfactory, or takes an unreasonable length of time, your next option would be to have it replaced. If this is undesirable or impossible, then you can request a refund, although if some time has passed, you should be aware that any the refund given may well take account of any use you have had of the car since you took possession of it.
In situations where you would like to keep the car and undertake to carry out the repairs yourself, you have another option, which is to request a discount on the price paid.
Buying a car at auction
You may well get the best deal, but there is the risk of reduced consumer protection if something goes wrong. Look out for disclaimers such as ‘sold as seen’ and enquire as to how this affects your statutory rights as regards quality issues. You may not have an opportunity to examine the car or take it for a test drive, and any bid you make will become a legally binding contract at the fall of the hammer!
Buying a car on the internet
When buying a car on the internet, you have just as many rights as if you had bought the car after having seen an ad in the newspaper, provided this is from a dealer. If you go ahead with the purchase, not having had any face to face contact with the dealer, you will also benefit from rights provided under the Distance Selling regulations, which include a 7-day cooling off period.
If however you buy the car as a private sale from an individual, who doesn’t trade in cars for a living, you won’t benefit from the legal requirement of the seller to provide a car of satisfactory quality. It could be a heap of junk, and you would have no legal recourse.
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I have recently brought a Peugeot 307 from a registered dealer. I am experiencing problems with the clutch pedal and am constantly “riding” the clutch as such. I have spoken to several people including a couple of mechanics who have advised that it is definitely faulty. Having taken it back to the garage they are saying that they cannot find a fault with the car and are refusing to let me swap it or give me back my money.
Any comments would be gratefully received.
I signed a contract and all the paperwork from a car dealer with no money down and drove off with it, now they are saying the the bank turned me down and want a deposit after 3 days, can they get by with this or not?
Emma – you have the right to a repair in the first instance if the car is found to be faulty. You cannot automatically ask for a replacement or a refund if the problem is fix-able. The problem with cars is that the problem does not present itself on a short trip ’round the block’ by the mechanic. Take it back but this time ensure you are in the car when it is taken for a drive so can point it out personally. Otherwise indicate that you are unsatisfied and request the problem be escalated.
Randy – decisions on car finance should be agreed and confirmed before you are allowed to drive the car away. In this case the dealer behaved improperly and perhaps unlawfully – your insurance could well have been invalidated. Because the dealer allowed you to drive away the car without the correct finance docs in place, his contract with you may be legally unenforceable, so I’m not sure whether he has any right to demand money from you retrospectively.
Hi, I recently went to view a car in the evening from a garage/dealer, under pressure i put down a deposit of £250.00 and signed forms saying id buy car. Next morning I’ve changed my mind and called to say so, I also wrote to say I wish to change my mind and cancel any contracts we have together. Would i be entitled to a refund of the £250.00 deposit which formed part of the selling price?
I’m afraid there is no cooling off period with sales which were carried out face to face in this way. You have signed a legally binding contract and paid a deposit which is recognised in law as an undertaking or intention in good faith. Therefore by attempting to rescind the contract, the seller has no obligation to return the deposit and could even chase you for the remainder of the cost of the car. The only way you could rescind the contract and get back your money was if you feel you were misold, or were not in possession of the all of the facts so as to make an informed decision. You could also appeal to his better nature?
Hi, I purchased a car 4 weeks ago from Cargiant who are a large car supermarket in London. On getting home the car leaked oil on my drive and a transmission urgent service warning light came up. On taking it to Volvo they have said the engine is leaking, the gearbox is also and has failed and needs replacing and the drive shaft gators are also split which will all cost about £6500! Cagiant are not too responsive as I did not purchase any additional warranty. They have a 114 point check which I would imagine should pick this up. Should they be liable for these items which should have been apparent?
Jon – The warranty is irrelevant, if you take Volvo’s assessment to Cargiant it will clearly demonstrate that the car is not roadworthy and because this happened within hours of driving away, you would not have taken possession which puts you in a strong position. Go back to them citing Sale of Goods section 14 and request they repair the car, and provide you with a replacement car in the meantime. If they decline, then you can request either a reduction in price or a refund.
I bought a second hand car from a trader (VW Polo) 3 weeks ago, paid 1550 Pounds. After 1-2 weeks the engine started to make a noise occasionally, which recently got louder. So I took the car to a local garage, where they found out that the tensioner had failed, and due to low tension on the cambelt the crankshaft pulley had become loose, causing 4 valves to have been bent. Estimate to repair about 1000 Pounds.
Now I contacted the trader who sold me the car, who of course insists that everything was fine when he sold it, but after I mentioned the Sale of Goods Act he agreed to have a look at it. However, he expects me to bring the car to him, which would cost me another 100 Pounds, and I will already have to pay that much to the garage where the car is now, as they spent quite some time on it. How is my situation and who is responsible for these costs?