Is it legal to request a refund on a faulty vehicle?

There’s nothing more frustrating than when your vehicle breaks down, or the engine light unexpectedly makes an appearance.

Now imagine you just purchased that vehicle…

If you purchased that vehicle from a business, the Consumer Rights Act 2015 implies terms into the sale contract, notably that the vehicle must be of satisfactory quality, fit for purpose and as described. If this is not the case, you have 30 days from the date of delivery or collection of the vehicle to reject it and request a full refund. After those 30 days, you must give the business one attempt to repair the vehicle. If that attempt is unsuccessful, you can request a price reduction or refund.

I purchased the vehicle from an individual, does this make a difference?

Yes. The general rule is the vehicle was ‘sold as seen’. However, if the vehicle has a fault that makes it unroadworthy, then you can return it and request a full refund.

What if the vehicle does not match the description provided by the business or individual?

You might have a claim based on misrepresentation, which is an untrue statement of fact made by a party to another party that induces the other party to do something (such as enter a contract). The impact of the statement is assessed objectively, according to the impact the statement may be expected to have on a reasonable person in the same position.

Misrepresentation can be fraudulent, negligent or innocent.

a) A fraudulent misrepresentation occurs when a statement is made knowingly, or without belief in its truth, or recklessly as to its truth.

b) A negligent misrepresentation occurs when a statement is made by one contracting party to another carelessly or without reasonable grounds for believing its truth.

c) An innocent misrepresentation occurs when a statement is made entirely without fault, i.e. where the maker can show that it had reasonable grounds to believe its statement was true.

Our Litigation & Dispute Resolution team are experts in providing support in a range of disputes. If you have any questions regarding a dispute, please contact them for more information.

This article was produced on the 9th October 2024 by our Litigation & Dispute Resolution team for information purposes only and should not be construed or relied upon as specific legal advice.