Cars
1. What are my rights if I buy a second hand car from a garage?
Under Sale of Goods legislation you are entitled to goods that are of satisfactory quality. This also applies to second hand items although you will have to take account of normal wear and tear. Basically you can expect the car to be in a condition acceptable for its age, mileage and cost. The car should also be roadworthy and as described by the dealer. If there are faults which you could not have known about that are not consistent with normal wear and tear for the car's age then you have the right to claim from the dealer. If the problem is apparent immediately you may be able to reject the car and claim a refund. Any later and you can expect a repair at no charge to you. However, these repairs should only restore the car to the condition it should be in, so if the car would be of considerable better quality after any repairs you may be asked to contribute.
2. Are my rights different if I bought from a private seller?
Yes.
You do not have the same protection if you buy from a private individual. You can still expect the car to be as described but with regard to things being faulty it is very much a matter of 'buyer beware'.
3. Do I have extra protection if I bought the car on credit?
Yes, if it is credit arranged for you by the dealer.
Section 75 of the Consumer Credit Act provides that the finance company is equally liable with the dealer for any breach of contract or misrepresentation. This means you can seek redress from the finance company as well as the dealer. If the finance agreement is HP (Hire Purchase) then you must seek redress from the finance company as they are legally the owners of the car until it is paid for.
4. Do I always have a warranty when I buy a car?
Not necessarily.
Warranties or guarantees are voluntary and are given to you as an addition to your statutory rights (Sale of Goods). That is why they can vary in how long they last and what they do and don't cover. If someone does not honour a warranty you can sue for a breach of guarantee.
5. What if a repair is not satisfactory?
When a dealer undertakes a repair he does so on the understanding that it will be carried out to a satisfactory standard. If that is not the case then return and the work should be re-done at no extra charge.
6. What can I do if I cannot resolve my complaint?
You can try referring the matter to a trade association, see links for cars in Complaint Handling Bodies, or you can take your claim to the County Court.
This page was last updated on 09 January 2004
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