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Fixedgear

Used car warranty period - By law what must be supplied?

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Hi All

 

I have read up on warranties and still cannot find where it clearly states that a used car dealer must provide a 6 month warranty. We give out a 3 month warranty as standard and offer to upsell to 6 month comprehensive or 12 month at additional cost to the buyer.

 

I even visited a site recently, where I entered that I had bought a car from a trader 11 months ago and it still informed me that I was covered by consumer rights!!

https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

 

Best regards

Edited by Fixedgear

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The Consumer Rights Act

The Consumer Rights Act came into force on 1 October 2015 and covers the purchase of goods, digital content and services including new and used cars from official dealers (it doesn't apply to private sales) as well as servicing, repairs and maintenance work.

Like the Sale of Goods Act that preceded it, the Consumer Rights Act states that products must be:

  • of satisfactory quality
  • fit for purpose, and
  • as described

(For cars purchased before 1 October 2015 the Sale of Goods Act still applies)

The dealer must have the right to sell the vehicle and is liable for faults with the vehicle - that mean it was not of satisfactory quality - that were present at the time it was sold even though they may only become apparent later on.

Satisfactory quality

Satisfactory quality means that the vehicle should be of a standard a reasonable person would expect, taking into account factors such as:

  • age
  • value
  • history
  • mileage
  • make
  • durability
  • safety, and
  • description

An old car with high mileage would not be expected to be as good as a younger car with low mileage but each should still be roadworthy, reliable, and in a condition consistent with its age/price.

Wear and tear

The dealer is not liable for fair wear and tear, where the vehicle broke down or the fault emerged through normal use, nor are they liable if they drew your attention to the full extent of any fault or defect before you bought the car.

Fit for purpose

Fit for purpose means that you must be able to use the vehicle for the purposes that you would normally expect from a vehicle including any particular purpose that you tell the dealer about before you buy, or which the dealer has advertised or gleaned from your conversation.  This would include towing or short journey use.

Faults, repairs and refunds

Under the new act, if a fault renders the product not of satisfactory quality, not fit for purpose or not as described, then the buyer is entitled to reject it within the first 30 days.

Between 30 days and 6 months

If a fault comes to light after 30 days but before 6 months have passed then you are entitled to a repair, replacement or refund. It is assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise. During this period, unless you have agreed otherwise, the seller (dealer) has only one opportunity to repair (or replace) the faulty vehicle after which, if they fail to repair it, you are entitled to a refund.

In the event of a refund following a failed attempt at repair during the first six months the seller is permitted to make a 'reasonable' adjustment to the amount refunded to take account of the use that you have had of the vehicle since you bought it.

After 6 months

For faults that arise after six months the burden is on you to prove that the product was faulty at the time of delivery if you want to pursue a claim for repair or replacement.

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On 23/11/2016 at 5:36 PM, Mikey said:

Between 30 days and 6 months

If a fault comes to light after 30 days but before 6 months have passed then you are entitled to a repair, replacement or refund. It is assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise. During this period, unless you have agreed otherwise, the seller (dealer) has only one opportunity to repair (or replace) the faulty vehicle after which, if they fail to repair it, you are entitled to a refund.

In the event of a refund following a failed attempt at repair during the first six months the seller is permitted to make a 'reasonable' adjustment to the amount refunded to take account of the use that you have had of the vehicle since you bought it.

After 6 months

For faults that arise after six months the burden is on you to prove that the product was faulty at the time of delivery if you want to pursue a claim for repair or replacement.

Thanks for this. I thought I had read this article but obviously not closely enough.

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Hi bought  a 2011 bmw took it for a test drive I asked dealer I could hear a noise coming from  under the  car he told me it's the air conditioning  //lol I asked him to sort out the noise and I will buy it he called me back and told me it was the discs  and renewed them all I gave him the cash got a 3 month warranty   drove off to find the noise was still there it's now 3 months later and he's still trying  to get out of repairing the back differential saying if he fixed the differential and  the noise is still there he will not fix it again so he wants me to sign  a form that I can't recall him to put it right

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On 11/24/2019 at 8:30 AM, tradex said:

Ask that dealer for some punctuation marks, this may help oil the wheels, so to speak.

I could read it all in one breath you must be getting old. 

 

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Hi Guys, the term "Offical Dealer" does this just mean the big car brands that sell one make?? eg; SKODA, VW .....

does it include "traders" the smaller business that sell multiple brands of car on there forecourt??

Thanks

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1 hour ago, NickD said:

Hi Guys, the term "Offical Dealer" does this just mean the big car brands that sell one make?? eg; SKODA, VW .....

does it include "traders" the smaller business that sell multiple brands of car on there forecourt??

Thanks

There's no such thing as an "Official Dealer" you're either selling a car privately or you're selling a car that's in the trade. One makes you a private seller the other makes you a trader. The term trader implies you are a professional car dealer, large or small. There isn't a license or certificate that makes you a dealer and we don't all swear allegiance to the car dealer fairies at the start of each day.

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On 12/19/2019 at 8:28 AM, NickD said:

Hi Guys, the term "Offical Dealer" does this just mean the big car brands that sell one make?? eg; SKODA, VW .....

does it include "traders" the smaller business that sell multiple brands of car on there forecourt??

Thanks

An "official dealer" would be the manufacturers contracted "franchised dealer." These are sometimes separate companies which hold the contract to retail new stock. 

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