Rights When Buying A Used Car From A Dealer
If a car you buy turns out to be faulty, your rights and options largely depend on who you bought it from and how they described the car. You have less legal protection when buying from a private seller or from a car auction than when buying from a dealer.
rights when buying a used car from a dealer
After six months, you still have the right to ask for repairs, a replacement, or a partial refund for up to six years after purchase (up to five years in Scotland). However, you will need to prove that the dealer breached one of the statutory rights and that they sold you a faulty car, which will be more difficult as time goes on.
For new and used cars, when obtaining financing from the dealer, the dealer must give you a Notice to Vehicle Credit Applicant. This shows the credit score that was used by the dealer, the name and contact information of the credit-reporting agencies and their range of all possible credit scores.
Maine has enacted a number of laws that deal with consumer protection when it comes to purchasing a used motor vehicle. For example, a used car must always meet the state inspection standards. Further, the inspection sticker must have been put on the vehicle within 60 days of the date of purchase. This law applies even if you are sold a car "as is." If the car violates this inspection warranty, the dealer must repair it, free of charge, so it can pass state inspection. In addition, any used car must come with a completed Used Car Information Act Window Sticker. Failure to do so can be grounds for returning the car and receiving back the purchase price.
For many people, buying a car is one of the biggest financial outlays they will have to make. Parting with large amounts of cash to buy the car of your dreams, or even just one to get you from A to B, needs to come with some assurances so that you know you're not wasting your money. Fortunately, there is legislation in place to protect you and your money, should the car you buy not be fit for purpose. That applies whether you're buying new or used, and if you're buying from a main dealer, a used forecourt or even privately. This article aims to help you know your rights if you're buying a used car.
The first thing to be aware of is that your consumer rights can vary whether you are buying a used car in England, Scotland, Wales or Northern Ireland. Here we will cover the main consumer rights that cover England, with notes on variations between the other countries in the UK.
The Sale of Goods Act 1979 offers you rights when buying a new car, but that doesn't apply when you're buying a used car. Instead, there are varying levels of consumer protection available depending on where you buy your used car from.
The safest way of buying a used car is from a dealer, but the recourse that you have will vary between manufacturers. If you're buying as part of an approved used scheme, then you might be able to take advantage of a 30-day no-quibble return guarantee if you feel that the car you've bought isn't right for your needs. However, this might just mean you can hand it back in exchange for a different car, and may not necessarily get you a refund. It's worth checking the manufacturer's returns policy to see what they offer.
If you've bought a used car that turns out to be faulty, then you are covered by the Consumer Rights Act 2015. This means that you are entitled to a full refund if you take the car back to the dealer within 30 days of purchase if you can prove that the fault was already there when you purchased the car. However, there are strict legal definitions when it comes to describing a car with a fault, so you need to tread carefully if you are thinking of handing a car back.
If you take the car back to a dealer within 30 days with a complaint that fits one of these three categories, then you are entitled to a full refund. And if you used your old car as part-exchange to get into the new one, then you are entitled to ask for it back as part of the refund.
If a fault arises when you have passed the 30 day period, then a refund will be a lot less likely. But the Consumer Rights Act 2015 still offers you some protections. The vendor still has a responsibility for the car to be satisfactory six months after it's purchased. The three legal descriptions still apply, and you can approach the dealer to put the faults right by either offering a refund to reflect the status of the fault, or by repairing the car at their own expense, not yours.
Beyond the six-month period, you still have six years of legal rights to protect you (in Scotland, the limit is five years). The older the car, the harder it will be for you to be able to prove that it was faulty before you bought it. In this instance, the three legal descriptions still apply, but they will be a lot harder to prove. If you are intent on pursuing a claim against a dealer, it's worth finding a second opinion from an independent garage, but keep the dealer informed about what you're doing, rather than just dropping an issue in their laps without prior warning.
If you buy from a private vendor, then you have far fewer rights to protect you. This is one of the reasons why it's imperative that you do homework on the car you want to buy, so that you are aware of potential problems before parting with your cash.
The amount of time you have to make a complaint is six years (five years in Scotland), but it will be a lot harder to claim against any vendor the longer you keep the car, so if you have a complaint, get in touch as soon as possible. Essentially, the car needs to be as described in the advert and what the seller told you when you bought the car. If the car is faulty or the vendor has failed to mention something it doesn't necessarily mean you will be entitled to anything. And if a vendor has given a disclaimer as part of the sale, then you may not have any rights at all.
A seller might refuse to pay for a repair, and in this instance you can go and get quotes from garages and come back to the seller with the quotes to get them to pay for the repairs. As with buying from a dealer, keep the seller informed about the situation, rather than landing them with a repair bill without any notice. Also, the repair bill can't come to more than what you paid for the car in the first place.
This limit does not apply when assignment requires the dealer to bear the entire risk of financial performance for the consumer or when the assignment is more than six months after the date of the conditional sale contract.
NOTE: The contract cancellation option agreement fee is nonrefundable. However, if the dealer charges a restocking fee, they must deduct the contract cancellation option agreement fee from the restocking fee. If the dealer did not charge for the contract cancellation option agreement and sold or transferred title of the vehicle the buyer used as a down payment or trade-in, the fair market value or value stated in the sales contract must be refunded, whichever is greater.
The dealer must provide a full refund of the sales tax, registration fees, and deposit or trade-in vehicle collected from the buyer. If the buyer did not return the vehicle by the standards above, the dealer may refuse the return of the vehicle; however, a written notice must be provided to the buyer.
First you must choose between buying a new car and buying a used car. A new car may cost more but will come with a longer warranty and no history of abuse or neglect. However, new cars depreciate (lose value) almost immediately when they leave the new car lot, which means that if you can find a well-cared-for used car, it might be a good bargain.
Consider the price of the car. This sounds obvious, but car dealers, new or used, may tempt you with a low monthly payment. You should be sure to look at the total price of the car, including interest.
Don't just assume you will finance through the dealer. Sometimes, you can get better financing from your bank or credit union. You should also check your credit score before you go shopping as this can affect the terms such as the interest rate you are offered. By shopping around, you may be able to negotiate a better deal. Note that Texas law sets maximum interest rates for financing used cars. The rates vary according to the age of the car and the amount owed on it.
All used car dealers are required by federal law to tell buyers whether a used car is being sold with or without a warranty. Dealers must clearly display this information on a side window of each used car. This buyer's guide, or window form, should state either:
The law prohibits rolling back or changing the number of miles on an odometer. Texas law requires the seller of any used vehicle to state on the title assignment the total number of miles the vehicle has traveled. Make sure you get a copy of the odometer statement when you sign the contract.
Under Texas Law, you do not have 3 days to cancel the purchase like you may with some transactions the dealer is required to register and title the vehicle in your name within 30 days, regardless of if you owe money on the vehicle to the dealer or another financier. As soon as the vehicle is registered in your name, the dealer should provide you with the original title application receipt from the Tax Assessor-Collector's office.
The Department of Motor Vehicles (DMV) licenses and regulates new and used motor vehicle dealers. If you would like to report a problem or dispute you have with a motor vehicle dealer, contact the DMV, Division of Investigations, or file a complaint online. DMV Record of Complaint Form.
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.
On 13 June 2014 The Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013 replaced the Distance Selling Regulations and gives you key cancellation rights when you enter into contracts at a distance. 041b061a72