What is the CRA?
It was brought in to protect consumers (individuals) from poor quality/ substandard products and unfair contract terms and poor business practices.
The CRA protects the consumer when they are dealing with a trader. âTraderâ means a person acting in respect of that person’s trade, business, craft or profession, whether acting personally, or through another person acting in the traderâs name or on the traderâs behalf.
Consumer’s expectation of the vehicle
Any vehicle bought online or in store must meet the following standards:
- Satisfactory quality â your goods shouldnât be faulty or damaged, and of at least satisfactory quality. However, for example, second-hand goods arenât held to the same standards as new.
- Fit for purpose â you should be able to use it for the purpose they were supplied for.
- As described â your goods must match the description, model or sample shown when you bought it.
(âthe Standardsâ).
Exclusions apply to the above where, for example:
- Defects are brought to the consumer’s attention before purchase
- Where there is a change of mind
- The vehicle was used for a purpose which is not obvious and/or made known to a trader.
Timescales and remedies
A consumersâ rights to a refund, repair or replacement change as time goes on as explained as follows:
30 days
- An immediate refund should be issued within the first 30 days if the vehicle is faulty and isnât as described or fit for purpose. This is called âa short term right to rejectâ.
- If you bought the vehicle in person, the 30 days begins from when you purchased the vehicle in store. However, if a consumer purchased online, the 30 days begins from the day the vehicle was received/took delivery.
6 months
- After 30 days but before 6 months, a consumer has the right to ask for a repair or replacement. A consumer must give one opportunity to the trader to replace or repair depending on what is proportionate. If a further fault occurs, then a consumer should be able to get a refund (deduction for usage is usually applied) up to six months from the initial purchase.
6 years
- After 6 months or longer. The burden is now on the consumer to show that the vehicle is faulty at the time of purchase. At this point, a consumer may need to involve an expert to provide evidence to establish the issue was there at the time of purchase.
If a vehicle does not comply with the Standards, the best thing to do is contact the trader and keep a record of all discussions.
Article written and contributed by Jaswant Jat from Summerfield Browne Solicitors
DISCLAIMER: This article should not be regarded as constituting legal advice in relation to particular circumstances. It is merely a general comment on the relevant topic. If specific advice is required in connection with any of the matters covered above, please speak to Summerfield Browne Solicitors directly