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Tag Archive

What Are Your Rights If You Buy Faulty Goods?

When it comes to faulty goods, many consumers are unaware of the protection and statutory rights they are legally entitled to. Shops often exploit their customers’ uncertainty and violate shoppers’ statutory rights by shirking their legal responsibility to remedy situations by offering refunds, repairs or replacements.

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Your Rights When Buying A Used Car

Trading Standards has to deal with more complaints about used cars than any other product. But what are your rights when it comes to buying a used car? Just what legal protection do you have?

Returning A Used Car

If you buy a second hand car that turns out to be faulty, your legal rights depend on who you bought it from and how the car was described. You have less legal protection when buying from a private seller than when buying from a registered dealer.

Sale of Goods

Replacing the Sale of Goods Act, the Consumer Rights Act covers the sale of new and used cars, but retains the old Act’s requirements that goods must be:

  • of satisfactory quality
  • fit for purpose; and
  • as described.

A car fails to meet these requirements when it develops a problem you wouldn’t expect for the car’s age and mileage, or it turns out not to be what you’d been led to expect.

Short-Term Right To Reject

The Consumer Rights Act states that if the car was purchased after 1 October 2015 and fails to meet one or more of the criteria, you are entitled to reject the car and get a full refund within the first 30 days of buying it. If you bought the car from a dealer, the dealer can make a deduction from the refund for ‘fair use.’

This right to reject replaces the previous rule, which said that dealers only needed to repair or replace a faulty item or part. If you bought the car before 1 October 2015, then you must reject the car within a ‘reasonable time’ under the Sale of Goods Act. While there’s no clear definition of what a ‘reasonable time’ is, it probably needs to be within three to four weeks – less if the problem is obvious.

Repair, Replacement or Refund

30 Days To 6 Months

3If a defect is found once the 30 days have passed, but within 6 months, you are entitled to request a repair, replacement or refund free of charge. The law assumes that the fault was there at the time of delivery, unless the seller can prove otherwise. Where this right is exercised, dealers only have one chance at repair or replacement. If they fail to repair or replace the car, you are entitled to a full or partial refund.

6 Months Or More

After the first 6 months, the burden is on you to prove that the car was faulty at the time of delivery. In practice, this may require a form of expert report, opinion or evidence of similar problems across the product range. If the attempt at a repair or replacement is unsuccessful, you’re entitled to a refund.

Buying From A Dealer

If you bought a used car from a dealer, you have the right to expect it to meet the criteria listed above. If it does not meet these requirements, you have the right to claim against the dealer for breach of contract. In particular, if the car you bought is not as the dealer described it, you’re entitled to reject the car and get your money back. If you want to keep the car, you can ask the dealer for compensation covering the cost of repair.

Buying From A Private Seller

When you buy a used car from a private seller as opposed to a registered dealer, key parts of the Consumer Rights Act do not apply. For example, there is no legal requirement that a car be of satisfactory quality or fit for purpose. The seller must accurately describe the car in any advertisements and they cannot tell you something about the car which isn’t true.

There is a principal which applies when buying from a private seller called Caveat Emptor, in other words, buyer beware. This principal dictates that you, as the purchaser, assumes the risk that the goods being purchased might be faulty and therefore you must carefully view and test the goods before purchase.

If you need any advice in relation buying a used car, please do not hesitate to call us on 01133 50 40 30 or at hello@scesolicitors.co.uk.

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SCE Solicitors is a boutique employment law and dispute resolution practice based in Leeds which advises clients nationwide. Please note that the information in this blog is to provide information of general interest in a summary manner and should not be construed as individual legal advice. Readers should consult with SCE Solicitors or other professional counsel before acting on the information contained here.

The Do’s And Don’ts When Giving Witness Evidence

You may be asked at some point in your life to attend court to give evidence in respect of any kind of matter. Although you will be called in support of one particular side, you have a duty to tell the truth to the court, and so you cannot change your evidence in order to suit the party calling you. It can be a daunting prospect, but here are some do’s and don’ts to help prepare you for giving evidence.

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3 Dangers Of Non-compliance With The Pre-action Protocol

The pre-action protocols are an important part of the Civil Procedure Rules. Their aim is to prompt and encourage correspondence between the parties prior to any action being taken. This could ultimately lead to some agreements being made about facts or a compromise being settled before litigation is considered. In addition, the protocol aims to encourage an exchange of information at an earlier stage in proceedings. A crucial document could be exchanged which could prompt a settlement or compliance with the contract. It will also encourage better investigation into the facts as alleged by both sides in order to correspond with each other. Ultimately, the aim is to try and settle before litigation is required, but if it is required, it can enable the litigation proceedings to run to the courts timetable efficiently.

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A Guide To Professional Negligence Claims

When you seek professional advice from a qualified solicitor, architect, financial advisor, surveyor or insurance broker, you expect their expert guidance to be consistent with the best practice for their particular sector. Unfortunately, in some cases, this advice is misleading or inaccurate – and you may incur a substantial financial loss as a result.

All professionals, whatever their area of expertise, have a duty of care to their clients. If this duty of care is breached, and the breach directly results in any form of financial loss or damage to the client, it may be possible to make a professional negligence claim.

This guide is intended to be a brief overview of some of the important considerations and procedures when embarking upon a professional negligence claim.

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