Clutch issue just short of a month after sale

This week Lawgistics had another fantastic win in Court where the Judge found for our member on every ground.

The case involved a clutch issue just short of a month after sale. If the Court found the fault was there at the point of sale then the Consumer would have been able to exercise their short term right to reject as it was within the first 30 days.

This case was slightly different though as the customer had actually been to the garage in question and agreed to a repair. The client had ordered the necessary parts the very next morning and then later that evening received notification from the customer that they didn’t want the repair doing anymore and wanted to reject the vehicle. The client explained that repairs were underway but the customer refused to accept this and refused to collect the vehicle once repaired.

The customer argued that he had never agreed to the repair and had left it with the client purely for inspection purposes only.

Fortunately, the Judge found for our client on all grounds. He found the vehicle was not defective when it was sold. The problem arose after the point of sale, however, went further and said even if it had been the customer could not reject it. He had agreed to a repair and it had begun. He therefore had to allow the garage reasonable time to do the work.

This is a great win for dealers, especially if you find yourself in situation where repairs are underway then customers change their mind and seek to reject the vehicle.


Authors: Stephanie Ball

Published: 25 Sep 2020


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