30 Day Right To Reject Reminder

We have had a few calls of late from dealers who are of the belief that a refund has to be given in the first 30 days if there is a fault.

This is not necessarily the case.

Firstly, if the customer is asking for a refund under the 30 Day Right To Reject,  the onus is on the customer to prove there is a fault and they need to prove that:

1.    The fault is worthy of a refund. On a used car this is only likely to be the case if there was a major fault such as the  turbo failing or the gearbox ceasing. Minor faults do not entitle the customer to a refund.

2.    The fault was present at the point of sale. So, even if the turbo failed at Day 29, this doesn’t automatically mean the customer is entitled to a refund unless they can prove it was failing at the point they took delivery.

These are relatively high hurdles for the consumer, and rightly so given the benefits of this 30 Day Rule. If you have any doubts as to whether you have to refund or offer a repair, members can call the Lawgistics Legal helpline to discuss the specific facts of your case and we will help you minimise any potential loss.  


 

Authors: Nona Bowkis

Published: 06 Sep 2018

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