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TRANSCRIPT
Your legal rights: what you needto know before buying a car
D I S P U T E R E S O L U T I ON
Your legal rights
Buying from a private seller orindividual
This can be particularly risky, and the truth is
you have relatively few legal rights if things
go wrong. The car must be as described,
roadworthy, and the seller must have the right
to sell it. However, it's up to you to ask the
right questions and inspect the car thoroughly
before you buy.
If you do decide to go down this route, it’s a
good idea to get an engineer to give the car a
thorough inspection and check the vehicle's
history (including a credit/ HPI check) before
handing over any money. There are a number
of websites that allow you to do this free of
charge. If the credit check reveals previous
finance linked to the vehicle, it is always best
to check directly with the finance company to
ensure they have no remaining claim over it,
even if the seller suggests the finance has
been paid!
Buying from a car trader ordealership
When buying from a car trader or dealership,
your legal position is stronger, particularly if
buying from a reputable dealer who belongs
What do you need to know before buying a car?
A new car is an expensive and important purchase. Whether you intend to buy your car new or second hand, from a dealership, at auction or online, it’simportant you understand your legal rights and the potential pitfalls in casesomething goes wrong. This short guide has been created to help you avoidending up with a vehicle that doesn’t belong to you or doesn’t work.
to a motor trade association such as the Retail
Motor Industry Federation (RMI). Often these
bodies provide helplines and conciliation
services if things go wrong.
In addition, you will have the protection of the
Sale and Supply of Goods Act which states
that anything you buy must be of 'satisfactory
quality'. According to this act all goods must
be durable, as described, and suitable for any
use you made known at the time of purchase.
Where the car is not satisfactory, you may
have the right to reject it and receive a full
refund.
‘Durability’ takes into account the age and
price of the car. So, if you buy a new or nearly
new model you are more likely to get your
money back than if it's ten years old with
150,000 miles on the clock. However, even if
the car is old, you still have rights. As such,
you may be able to negotiate a refund -
particularly if the car won’t start or requires
significant and expensive repairs - but you
may have to accept a free repair.
The dealer is also liable for faults with the
vehicle that were present at the time it was
sold, even if these only become apparent
later on. However, they are not responsible
for fair wear and tear. This includes where the
vehicle breaks down or faults emerge through
ordinary use. Nor are they liable if they drew
your attention to the full extent of any faults or
defects before you bought the car.
It is also worth noting that dealers must
comply with the requirements of the
Consumer Protection from Unfair Trading
Regulations (2008). This prohibits them from
engaging in unfair business practices such as
giving false or insufficient information, or using
high pressure sales techniques.
Buying online
When buying a car online, your rights depend
on whether the seller is a dealership. If you
buy online from a dealer then you have the
same rights as you would if you were to
purchase the car face-to-face in a dealership.
The Distance Selling Regulations also give
you the additional right to cancel your order
within 14 working days and receive a full
refund.
Buying a car at auction
Although you can often get a good bargain
at auction, it is a pressurised environment
and offers very little legal protection. The best
advice if you are thinking of going along to an
auction for the first time is to take someone
with experience of buying cars with you.
Always check the terms and conditions
of the auction before bidding as these
sometimes exclude your rights under the
Sale of Goods Act. Where this is the case,
you agree to purchase 'sold as seen'. In
such circumstances you should give the
car a thorough check before bidding.
Generally auctioneers are not liable if the
seller doesn't have the right to sell the car
in the first place (e.g. if the car is stolen).
Therefore, any subsequent claim will need
to be made against the seller (if you can
trace them). Some auctions do offer insurance
for an extra sum. However even with this your
rights are often limited.
Buying a car on finance
If you take out credit to purchase the car via
the dealer (for example, hire purchase) you
may be entitled to additional rights under
The Consumer Credit Act.
This protection only applies to agreements
linked to the sale of the car and does not
apply if you take out a separate loan with
your bank.
The car usually belongs to the finance
company until all repayments have been
made, but if it is not of satisfactory quality,
you may be entitled to a full refund from the
finance company. This can be particularly
useful if the dealership is unwilling or unable
to pay.
Always be prepared to walk away
It is a cliché but if a deal looks to good to be
true, it nearly always is. And this applies more
often than not when buying a car. The best
advice is not to sign anything or hand over
any money until you're absolutely sure that
everything is OK.
If you have any doubts about the car or its
history, then it’s safer not to proceed. Over
five million used cars are bought and sold
each year in the UK so there will always be
a safer option available.
Your legal rights (continued)
What should you do if a dispute occurs?
The good news is that most reputable
dealers value their reputations so much that,
as and when you bring any problems to their
attention, they will aim to resolve them quickly
and satisfactorily.
Getting in touch with customer services or a
senior member of staff will often resolve your
issue.
It is important that you keep notes of all
conversations you have had regarding the
matter. Most importantly:
l any conversations you had prior to you purchasing the car that could be seen as
a verbal contract.
l the name of the person or people you spoke to.
l any receipts or delivery notes and copies of the terms and conditions.
l the dates and times of communicationsrelating to any dissatisfaction you have had.
Additionally, it is always very worthwhile
asking for the supplier’s complaints
procedure.
Where the situation doesn’t resolve itself, it
is also worth contacting any trade bodies or
organisations the seller is connected to in
order to solve your problem.
If, at this point, the situation is still not
resolved, then you have a number of
courses of action available to you.
Whatever the value of the vehicle, it will
be worth discussing your dispute with a
solicitor and finding out what legal rights
you may have.
Starting court action
If your negotiations with the seller have not
been successful, you may want to consider
going to court.
However, before you do this you do need
to consider the potential costs and whether
the person who sold you the car can pay
them.
Where they don’t have the funds to pay
you back, in some cases, they may be
required to pay very small amounts back
to you over a set period of time.
Alternative dispute resolution
This often uses a third party, such as a
mediator to help you and the seller reach
a solution.
Why Linder Myers?Our dispute resolution team is used to
advising both individuals, dealers and finance
companies facing issues in relation to the
purchase of new and second-hand cars and
other vehicles.
About us
Specialising in three main areas of law:
private client, bodily injury and commercial
matters, our ability to provide a unique
blend of individual and business legal
services is what truly sets us apart from
our competitors.
That and an unwavering commitment that
when you work with us, we’ll make sure
you have the best possible experience
from beginning to end.
Services for you
l Trusts and Estates
l Conveyancing
l Family Law
l Dispute Resolution
l Court of Protection
l Personal Injury
l Medical Negligence
l Employment
l Occupational Disease
l Disputed Wills and Probate
Services for business
l Employment
l Commercial Disputes
l Corporate and Commercial
l Commercial Property
At Linder Myers:
l your matter will be dealt with by one qualified solicitor, from start to finish.
l we will keep you informed and respond quickly.
l you do not have to visit our offices (unless, of course, you want to). If you prefer, all matters can be dealt with by post, email, telephone or fax.
l we adopt a very proactive approach to your claim to ensure that we are efficient and cost-effective at all times.
l we offer a transparent and competitive approach to costs making them clear at the outset of your claim.
l we deliver a high quality service, as expected by our clients.
If you’d like to find out more about how we can help you, contact our dispute resolution experts today on 0844 984 6444 or email us at [email protected]
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www.lindermyers.co.uk
D I S P U T E R E S O L U T I ON
For more information on your consumer rights and the protection Linder Myers canprovide, please visit us at www.lindermyers.co.uk/quick-guide-consumer-rights
Alternatively, call us today on
0844 984 6444 or email