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28 MAY

Bought a Second-hand Car? Here Are Your Rights

Buying a car is indispensable for some. The urge to do so is stronger when there are affordable cars in the market. This is why some opt for second-hand cars. After all, even used cars are of good quality and can function well.

Besides, regardless of whether you bought from a used-car dealer or a friend of a friend, you are protected by the law. If you have a valid reason for being unsatisfied with your purchase, you can reject it within thirty days or ask for repairs or even a refund after thirty days.

That said, in this article we will explore what the Consumer Rights Act says about purchasing a second-hand car. Here’s some legal advice concerning this matter.

Second-hand Car Policy Per Consumer Rights Act

The premise is, when you have problems with a second-hand car soon after you buy it, then you have the right to reject it and get your money back as per the Consumer Rights Act. But the timeframe then becomes crucial. Here’s what you need to know:

  • Rejection: Within Thirty Days

Second-hand cars bought before October 1, 2015 are covered by the Sale of Goods Act, which has now been replaced by the Consumer Rights Act. After October 1, if something happens to second-hand car you bought, the Consumer Rights Act states that you are given thirty days to reject it and get a full refund. Thirty days is a reasonable timeframe as per the guidelines of the Consumer Rights Act.

  • Return or Repair: After Thirty Days

Now if you’re past the first 30 days, but a problem has arisen that you think would have been there at the time of purchase, then you’re entitled to ask for a repair, replacement or refund. Typically, a repair is what most sellers will offer if they can prove that the cost of replacing it would be disproportionate and unreasonable. If the attempt at a repair or replacement is unsuccessful, then you’re entitled to a refund. But the dealer can make a deduction from the refund after the first thirty days for ‘fair use’. As per the guidelines of the Consumer Rights Act, it’s the responsibility of the seller to prove the problem wasn’t there, not for you to prove that it was during the first six months after you bought it.

Second-hand Car Requirement Per Consumer Rights Act

As mentioned above, you are entitled to a repair, replacement, or a refund even if the product is no longer under warranty, once problems persist after the purchase. However, as per the Consumer Rights Act, there should be grounds for such legal rights.

  • Deal Requirement:

Upon purchase of a second-hand car, the Consumer Rights Act requires the car to be:

– of satisfactory quality (taking into account its age and mileage)

– an accurate representation of any description given to you before you bought it (whether in the ad or discussions prior to sale)

– be fit for purpose (in this case, to get you from A to B safely)

  • Breach of Contract:

If the second-hand car you purchased does not meet these requirements, then you have the right to file a complaint against the used-car dealer for breach of contract. This is where you can opt to reject the car within thirty days of purchase or ask for repair, replacement or refund after sixty days, once issues have surfaced. If something you buy is not as described, or the seller is guilty of misrepresentation, the general rule of thumb is that you’re entitled to:

– give the second-hand car back and get your money back.

– ask for compensation if you want to keep the car (usually equivalent to the cost of any repairs it needs).

If you’re looking for a company to help with your return, Consumer Reclaim is your best option. Get in touch with us today to see how we can help.

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Consumer Reclaim is a trading style of Consumer Reclaim Limited. Registered office 207 Knutsford Road, Warrington, Cheshire WA4 2QL. Registered in England & Wales No. 0722307