What happens if a used car develops wear and tear faults after six months?

What is the position if someone buys a used car from a garage and then it develops wear and tear faults on two or three components, but after six months has passed, say the clutch, handbrake or suspension springs for example.

The person then discovers that the garage is accredited to the Motor Ombudsman scheme and was compelled, through their code,to have provided a comprehensive checklist of the components, as a minimum requirement, so that the customer could see what condition they were in and maybe change their mind. The Motor Ombudsman is clear that their garages must do this, clause 2.9, so what if one does not and then there are problems with the car?

Asked on 3 March 2018 by Nick Dixon

Answered by Honest John

Basic consumer case law on Sale of Goods, Consumer Rights, etc. states that any significant fault that could have been present or developing on the car on date of sale becomes the liability of the dealer for 6 months unless the dealer can prove otherwise. After 6 months the onus is on the customer to prove that the faults were present or developing on date of sale, which the customer clearly cannot do.

Tags: buying a used car consumer rights used cars used car dealers

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