The car has a fault. Does that mean the buyer can reject it?

A fault does not tell the whole story

A brand-new car that develops a serious fault shortly after delivery raises different questions from a much older vehicle which has already covered substantial mileage. The price, description, age, condition and what was said during the sale may all bear on whether the vehicle met the required standard. So do the timing of the problem and the evidence explaining what actually went wrong.

For a purchaser, that means a rejection demand cannot sensibly be assessed from the dashboard warning light alone. For a seller, the existence of a complaint should not be confused with a settled obligation to refund. Each party needs to know what was agreed and what can be established from the documents.

The history of the vehicle matters

Purchase documents, advertised claims, inspection findings, diagnostic records, warranty communications and attempts at repair can tell competing stories. A vehicle may have been returned to a garage several times without a clear diagnosis, or a seller may have proposed a repair which the purchaser felt unable to accept. Those details can affect the remedies available and the practical next step.

An assessment should also consider whether the vehicle was bought from a trader or a genuinely private seller. The applicable rights may be materially different, even if the buyer found both advertisements on the same platform.

Delivery, distance and finance can change the picture

Some disputes arise because a purchaser ordered remotely, collected from the premises or arranged home delivery. The location of delivery is not necessarily the location where the contract was concluded, and the distinction can affect the analysis. So can the form of finance used to acquire the car.

A direct purchase, a personal loan and a hire-purchase or PCP arrangement may involve different contractual parties. Where finance is involved, an assessment should examine the paperwork before assuming that the dealer is the only party to approach.

An assessment before the next argument

Early correspondence often focuses on who is being unreasonable. A more useful starting point is whether the evidence supports the remedy being demanded and whether there are gaps that need to be resolved before further money or time is spent.

Aubrey International offers a £50 Vehicle Dispute Quick Check for those who are unsure whether the matter warrants further work, or a £250 documentary assessment with written findings and a 30-minute consultation. The £50 fee is credited towards the full assessment where both concern the same dispute.

The next step

For buyers and sellers, the appropriate response depends on the actual transaction and the evidence already available. See our purchaser services, or contact Aubrey International about a defined assessment. The initial services do not include correspondence or negotiations with the other party.

This article provides general information about vehicle disputes principally in England and Wales. Different rules and remedies may apply elsewhere in the UK and in individual circumstances.

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