Understanding Vehicle Faults and Consumer Rights
Consumer Statutory Rights For Used Vehicles
When purchasing a used vehicle from Georgesons Cars, you are protected by certain statutory rights outlined in consumer protection legislation. These rights ensure that you receive a vehicle that is of satisfactory quality, fit for purpose and as described.
Satisfactory Quality: The vehicle must be of satisfactory quality, which means it should be free from defects, safe to drive, and durable.
Fit for Purpose: The vehicle should be fit for any specific purpose you made known to the seller or that they should reasonably be aware of.
As Described: The vehicle should match the description provided by the seller, whether that's in person, online, or in advertising materials.
In the event that you believe the vehicle supplied does not meet these standards, you have legal recourse under the Consumer Rights Act 2015.
Confidence In Our Vehicles:
When you choose Georgesons Cars, you can have confidence knowing that every used vehicle has been subjected to a rigorous inspection and thorough reconditioning process. Our team of qualified technicians assesses each vehicle, addressing any mechanical issues and conducting necessary repairs or reconditioning. This proactive approach enables us to confidently state that our used vehicles are supplied in a condition which would meet the requirements in order to be considered to be of satisfactory quality. To further demonstrate our commitment to transparency, a copy of our detailed inspection report accompanies every vehicle we supply.
Understanding Vehicle Faults And Consumer Rights:
The Consumer Rights Act of 2015 only governs faults that were present at the point of sale, not ones that have developed afterwards. It's important to recognise that the complexity of modern motor cars, with hundreds of thousands of components operating under various conditions, means that not every fault would mean that a vehicle is not of satisfactory quality. This is especially significant when considering the nature of "used cars" which by definition will have experienced wear and tear based on previous use.
In order to categorise a used car to be of unsatisfactory quality, any fault present would have to be "significant". A fault does not have to be a problem that renders the car undriveable, but it generally has to be preventing the car from doing its job properly. In short, a used car with a fault is not necessarily a faulty car.
Customer Reporting Of Vehicle Faults:
When a customer reports any fault with a vehicle, it's essential to provide a detailed description of the symptoms or nature of the reported issue. This information helps us better understand the problem and provide appropriate assistance. A "Fault Diagnostic" appointment will then be scheduled to identify and report on specific faults. While some issues may be resolved during the initial visit, additional appointments may be necessary in order for repairs to be completed.
Faults Which Develop After The Point Of Sale:
As the consumer rights act only covers faults present at the point of sale, faults which develop after the point of sale would be considered under the terms of any warranty. It is important to note that retailers are not legally obliged to offer or provide any warranty outside of the statutory consumer rights.
If the vehicle is covered under warranty, a claim may be made against the warranty in order for the cost of any diagnostics or repairs to be completed. All of the vehicles we supply are eligible for warranty cover. Customers must refer to warranty terms and conditions for further product information.
In the event that it can be proven that there is no fault present, or that any fault that is present was not present at the point of sale, the retailer may charge a diagnostic fee, and for any repairs which are to be carried out.
Consumer Rights Timeline:
Understanding your rights under the Consumer Rights Act of 2015 is crucial, especially regarding the timeline and options available based on the duration of vehicle ownership:
Within 30 Days:
During the initial 30 days of ownership, if a fault is identified that is significant enough that it renders the vehicle "unsatisfactory" you have several potential resolutions available:
- The retailer can repair the fault free of charge. The retailer can supply a replacement vehicle.
- The retailer can provide a partial refund in consideration of the fault.
- You can reject the vehicle, return it to the dealership, and receive a full refund.
A repair does not have to be completed within 1 single visit as some faults may require a "staged repair" process. Customers should be advised when repairs will be completed as part of a staged repair process, and an explanation of the repair process should be provided.
Although consumers can usually have the choice of these options, the retailer can insist on providing a full refund as a final means of resolution.
Between 30 Days and 6 Months:
If a fault occurs within the first six months, it is presumed to have been present at the point of sale, "unless it can be proven otherwise".
In such cases when it cannot be proven otherwise, the retailer is responsible for providing an appropriate means of resolution, typically by means of repair. You must allow the retailer one opportunity to carry out a durable repair.
In the event that completing suitable and durable repair is not practical or economical, or when an attempt at completing a repair has not been successful, there are then 3 alternative options available as means of resolution.
- The retailer can offer to supply a replacement vehicle
- The retailer can offer to unwind the purchase and issue a refund with a deduction made for usage
- The retailer can provide a partial refund in consideration of the fault
Outside of the initial short term rejection period of 30 days the preferred choice of resolution lies with the retailer, and the retailer can refuse to make any of the options above available if it can be demonstrated that it would be disproportionately expensive compared with the alternatives.
After 6 Months:
After six months, you must prove that the fault existed at the time of purchase. If proven, the retailer is responsible for suitable and durable repairs. If repairs are impractical or unsuccessful, alternative resolutions such as replacement, refund with deduction for usage, or partial refund may be offered.
Vehicles Purchased On Finance:
When a secured regulated finance agreement has been used to fund the purchase of the vehicle, this is referred to as a tripartite agreement. The 3 parties involved are:
- The retailer - "The Supplier", of the vehicle
- The customer "The End User" of the vehicle
- The finance company "The Owner" of the vehicle
In the event of satisfactory quality complaints, it is always preferred and advisable to have all 3 parties communicating collaboratively and effectively.
It is however important to understand that ultimately "The Supplier has a contract with "The Owner", and "The Owner" has a contract with "The End User" References & Additional Information:
For further information and resources on consumer rights and vehicle faults, please refer to the following:
