The Consumer Rights Act 2015 came into force on 1 October 2015, replacing three major pieces of consumer legislation, namely the:
- Sale of Goods Act 1979;
- Unfair Terms in Consumer Contracts regulations; and
- Supply of Goods and Service.
The aim of the Consumer Rights Act 2015 is to simplify and strengthen the law giving people clearer shopping rights.
We have recently received a number of telephone enquiries in relation to faulty goods sold, in particular, motor vehicles.
When considering the purchase of a vehicle, there should be many factors you should take into account, especially if you are considering a private purchase.
You should remember in these circumstances it is a case of ‘buyer beware’. It is down to you to make your investigations and check out the vehicle before you make the purchase.
If faults occur following the purchase, it is difficult to prove there was a fault prior to your purchase.
Court action can be taken – however, it will be up to you to prove ‘on a balance of probabilities’ that the seller was aware of the fault at the time of sale.
Buying from a vehicle from a dealership does afford you protection under the Consumer Rights Act 2015. The Act states that products should be:
- Of satisfactory quality;
- Fit for purpose; and
- As described.
Time is of the essence
I repeat, time is of the essence. If a defect is found, you have 30 days from the date of purchase within which you are able to return/reject the vehicle or demand a full refund.
Time is very much of the essence!
If a defect is found after 30 days but within 6 months, you are entitled to a repair or replacement.
If the vehicle cannot be fixed after one attempt, you are entitled to a full or partial refunds as it is assumed the fault was present at the time of purchase.
If a defect is found after 6 months, it is up to the consumer to prove the fault was present at the time of purchase.
Purchase prior to 1 October 2015
Any vehicle purchased prior to 1 October 2015 is covered by the Sale of Good Act 1979 and those rules should be followed.