Consumer Product Review

When purchasing a vehicle—whether it be new or used, from a dealer or private seller, in person or over the Internet—consumers in the UK have rights. Future car buyers can only benefit from becoming familiar with the basic points of consumer protection. This working knowledge of a buyer’s rights will aide in making sound shopping choices and provide the consumer with the peace of mind that comes in knowing certain legal remedies exist should something go awry with a vehicle after the sale.

Because businesses are held to a different standard than individuals, purchasing a new or used car from a dealer is inherently safer. Insofar as specific statutory protection, consumers in the UK are covered under the Sale of Goods Act, which demands the following conditions be met:

1. The car must be precisely as described;
2. The car must be of satisfactory quality; and
3. The car must be fit for any reasonable purpose, whether it be to get the buyer from Point A to point B or for some specific purpose articulated to the seller before purchase.

Consumer protection under the Sale of Goods Act is separate from any additional protection purchased in the form of a warranty. In the UK, buyers have the right to ask a retailer to repair or replace a car that develops unreasonable problems within 6 months after the purchase, unless the seller can prove that the issue is either reasonable considering the known condition at the point of sale or the fault of the buyer. Consumers seeking to return a car for a full refund under the Sale of Goods Act will likely have a difficult time, unless the dealer was clearly deceptive or the problem is major enough that it cannot be repaired easily at the cost of the seller in a fair time frame.

Should problems arise after the point of sale, claims should be made with the retailer and not the manufacturer. Note that any remedy should be sought as soon as an issue arises, lest the consumer be held liable for causing additional damage by continuing to drive a car that needs unexpected repair.

Buying a car from a private seller comes with a myriad of risks. First and foremost, when purchasing a car from an unknown individual, always confirm that the seller is the owner. (If the vehicle turns out to be stolen you will not be entitled to your money back.) Granted, if the seller is the verifiable owner of the car being sold and, after the sale, he or she can be located, the consumer can seek legal remedy if the seller was blatantly dishonest about the vehicle’s condition. However, making claims against an individual can be a costly, time-consuming, uphill battle.

The Internet has become a major avenue for the sale of goods in general and new and used cars are no exception. Consumers in the UK are increasingly shopping for cars online. The same laws that apply to the sale of cars bought in person are applicable to Internet vehicle sales. However, consumers have the additional right to a 7-day “cooling off period” when buying a new or used car online.

Because dealer-sold vehicles must meet quality standards, an independent inspection by a mechanic of the consumer’s choosing is rendered obsolete. In fact, if the car sold by a dealer is second-hand, that inspection could come back to haunt the buyer if a problem arises shortly after examination. Any potential issues that go undiscovered and undocumented at the point of inspection will not be covered under the Sale of Goods Act. It should go without saying that a buyer dealing with a private seller should always have a trusted mechanic thoroughly inspect the vehicle before the sale.

Informed buyers in the UK can certainly purchase new and used cars with a degree of confidence but by first obtaining documentation of any vehicle’s condition, consumers may save themselves the trouble of having to exercise their rights.

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