Vehicle Rejection
Buying a vehicle, whether new or used, is a significant transaction for both consumers and dealers. While consumers expect a vehicle that meets their expectations, dealers also require a fair opportunity to address any issues that may arise.
Consumer Rights Act 2015
Under the Consumer Rights Act 2015, a vehicle must be of satisfactory quality, fit for purpose and as described. The Consumer Rights Act 2015 sets out clear rules for rejecting a vehicle that does not meet this criteria. These rules are designed to protect both parties. There are 3 timeframes to consider:
- The 30-Day Right to Reject
Consumers have a short term right to reject a vehicle within 30 days if it has a defect that makes it unsatisfactory, unfit for purpose or not as described. If a valid rejection is made, the dealer must offer a full refund. However, from the dealer’s perspective, it is important to assess the nature of the defect, as minor wear-and-tear may not warrant a full rejection. During this timeframe, the consumer is not required to allow the dealer the opportunity to repair the vehicle, however the dealer may propose a repair in an effort to resolve the matter before it escalates.
- The 6-Month Right to Reject
In the event that a fault occurs after 30 days but within a period of 6 months, the consumer is required to provide the dealer with one opportunity to either repair or replace the vehicle. If the issue persists, the consumer has the right to reject the vehicle and seek a refund, although a reasonable deduction for usage may be applied. The consumer also has the right to request a price reduction if they wish to keep the vehicle despite the fault.
If the fault is detected within the first 6 months, the law presumes that the vehicle was faulty at the time of purchase. As such, the burden is on the dealer to prove that the fault did not exist when the consumer purchased the vehicle.
- After 6-Months
After 6 months, the burden of proof shifts to the consumer, meaning they must demonstrate that the fault was present at the time of purchase. This often requires an independent inspection. As this stage, dealers may be less obligated to offer a refund, however they should still engage with the consumer to find a fair resolution.
Conclusion
It is important for consumers to be aware of their rights and ensure that they receive a vehicle that meets their expectations. For dealers, a comprehensive understanding of the law enables them to address complaints in a professional manner, safeguarding their business’s reputation and mitigating the risk of unjust claims.
Many disputes can be resolved amicably through effective communication and a commitment to achieving a fair resolution.
Whether you are a consumer in need of guidance on rejecting a defective vehicle or a dealer managing a claim, McCay Legal is here to assist you. Contact us on 02871371705.
Written By Our Associate, Kerri McGrory