What to do if Buying a Used Car Goes Wrong
It can be a risky business buying a used car. A lot of money changes hands and no matter how thorough a buyer is when inspecting the car, it is easy to miss a fault. The car may seem in perfect order, only for a problem to become apparent later.
So what can a buyer do when the worst happens and the used car purchased in good faith goes wrong? Well, a buyer has more protection if the car is bought from a dealer. In that instance, the buyer is covered by the Sale of Goods Act 1979.
Under the act, the dealer must ensure the car is of satisfactory quality, taking the car’s age, price and how it was described to the buyer into account. There should not be any serious defects other than any that the dealer had made the buyer aware of.
Seek a Refund
The car has to be as described. If the dealer claims a car has a 1.9-litre petrol engine when, in fact, it has a 1.8-litre diesel engine, the buyer has a right to reject the car and seek a replacement or refund.In addition, the car must be fit for any reasonable purpose. It should be able to do all that the buyer reasonably expects of it, including any specific requirements a buyer tells a dealer he requires. For instance, if a buyer wants his used car to tow a caravan and a dealer insists a 1.1-litre Fiat Panda is up to the job, the buyer can reject the car if he finds it is not.
If a buyer pays to have a used car inspected, the dealer is not held responsible for any defects the inspection should have found but missed. It is crucial, therefore, that a buyer gets the dealer to provide a statement on the car’s condition.
Demand Repairs
If a car is faulty, a buyer has up to six months after the purchase date in which to reject it. A buyer can demand repair or a replacement, unless a replacement would cause disproportionate or significant inconvenience to the dealer. For example, if a repair would be as effective as a replacement or, in the case of minor defects, if a price reduction would be more appropriate.The onus is on the dealer to prove the car was of satisfactory quality when sold, so there is no need for an independent car inspection. If a buyer believes the car is faulty, he must stop using it immediately and contact the dealer. Put the concerns in writing too and give evidence of any problems. If the car came from a franchised dealer, speak to the manufacturer direct, as manufacturers do not want to get a bad name just because a dealer has not provided the expected level of service.
Unfortunately, there is far less comeback for those who buy a used car privately. The only legal obligation for sellers is to describe the car truthfully, but even if a seller lies it can be extremely difficult, costly and time-consuming to get compensation. A buyer can still expect the car to be capable of passing an MOT (unless the seller states otherwise) and owned by the person selling it. If a buyer later finds out the car has been stolen he will have no legal right to keep it.
