CONSUMER CHAMPION Steer clear of the old ‘Sold as Seen’ trick
EXPRESS reader Rachel from Nottingham bought a 2019 registration Ford Fiesta for £12,381 from a local dealer. Six days later she broke down on the M1 and had to be rescued by a recovery firm. The mechanic identified the problem as the alternator. Rachel contacted me and I advised her to invoke the short-term right to reject under the Consumer Rights Act and demand a refund. I did not expect to hear from her again and was shocked when the dealership rejected her claim stating, “the car was sold as seen, so it’s no our problem”. Unfortunately, this is a common response and I have heard from lots of consumers who have been fed this
“sold as seen” line.
So, is it legal for used car dealerships to hide behind this label? Short answer,
NO. Here’s why...
THE LAW
Under the Consumer
Rights Act 2015 used vehicles must be of satisfactory quality, taking into account their price and age.
Allowance will be made for wear and tear, minor defects, and any defects brought to the buyer’s attention before the contract is made (or which the consumer should reasonably have found on examination).
Defects which are not reasonably apparent on inspection by a consumer (who could not be expected to find, for example, engine faults) and/or are not brought to the consumer’s attention will almost certainly render the vehicle of unsatisfactory quality.
In addition, section 31 of the act states that traders cannot exclude liability, which is precisely what used car dealerships are attempting to do when they pull the “sold as seen” trick.
YOUR RIGHTS
If a used car turns out not to be of satisfactory quality, does not meet the description given by the trader or is unsafe, you are legally entitled to a remedy.
If you discover the problem within the first 30 days after taking possession of the vehicle, you can hand the keys back and demand a full refund. This is known as the “short term right to reject”. After 30 days the trader can elect to give you a refund, repair the vehicle for free or provide a “like for like” replacement.