Purchasing a used car can be a risky process, and it's not uncommon for buyers and sellers to encounter challenges that can lead to disputes. To ensure your rights as a buyer, it's important to understand the complaint rules and how you can handle any defects or issues with the car you have purchased. This article will give you an overview of what you need to know about complaints when buying a used car.
Purchasing from a private individual or a dealer
When buying a used car, you can choose to purchase either from a private individual or a car dealer. It's important to know that different rules apply to each case. Purchases from a private individual are regulated by the Sale of Goods Act, while purchases from a dealer are regulated by the Consumer Purchase Act. Make sure to understand which laws and regulations apply to your specific purchase.
The importance of a written agreement
No matter who you are buying the car from, it's always important to have a written contract. This provides documentation of what has been agreed upon between the parties and can be crucial in the event of a dispute. You can find standard contracts on websites like NAF and the Consumer Council. Make sure all important details, such as condition, equipment, and any defects, are included in the contract.
When can you complain?
To be able to complain about a used car, there must be a defect. This means that the car is not in the condition that was agreed upon or does not meet what you could expect based on the car's age and usage. You also have a duty to complain within a reasonable time after you discovered or should have discovered the defect. Remember that it's important to document any defects and issues with the car, for example by taking photos or getting a professional to prepare a valuation report.
Claims in case of defects
If there is a defect, you as a buyer have certain rights.
You can demand the defect to be repaired. The seller normally has two attempts to fix the error, unless there are special circumstances requiring more attempts.
If the defect is not remedied, you can demand a price reduction. The amount of the price reduction should normally correspond to the car's reduced value.
In certain cases, you can also demand to cancel the purchase, especially if the defect is substantial.
Complaint deadline and requirements
It's important to be aware of the applicable complaint deadlines. If you have bought the car from a private individual, you have a 2-year absolute complaint deadline. This means you must complain at the latest within 2 years from the date of purchase. You must also complain within a reasonable time after you discovered or should have discovered the defect.
When buying from a dealer, the absolute complaint deadline is 5 years. Remember to complain as soon as possible to avoid losing your rights.
Advice and tips
Make sure to have thorough knowledge of the car's condition before you enter into the agreement.
Consider having an independent valuer inspect the car before purchase.
Document any defects or issues with the car.
Communicate in writing with the seller to have proof of the dialogue.
Be aware of terms for "as is" sales and disclaimers.
Seek help from the Consumer Council or a lawyer in disputes that cannot be resolved amicably.
Conclusion
When buying a used car, it's important to be well-informed about your consumer rights. By following the correct procedures and being aware of applicable laws and regulations, you can ensure that you are compensated for any defects or issues with the car you have purchased. Make sure to be thorough in your investigations, have a written contract and documentation, and complain within the deadline if problems arise.
By being conscious and taking the right steps, you can reduce the risk when buying a used car and increase the chances of a successful purchase. If you have questions after selling or buying a used car, feel free to contact us at Sterk Law Firm. We are here to help you navigate the used car market.
