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Recent changes in the law mean you're better protected if you buy a classic from a dealer. Older vehciles are by their nature imperfect - if it develops a problem after you get the keys, you now have improved powers of redress. The rights of private sellers (people whose course of business is other than that of selling cars) remain the same.
The Consumer Rights Act 2015 replaced the Sale of Goods Act 1970 on Thursday October 1, combing parts of general case and common law into one piece of legislation. Under the new Act, the right to return faulty goods - including classic cars - has now been clarified.
Buyers previously had a reasonable period in which to take a car back to the garage that supplied it if the vehicle in question developed a fault; under the Consumer Goods Act, you now have 30 days.
Furthermore, the dealership now has one chance to repair the car before a customer can reject it outright, Under the Sales of Goods Act, garages operated on a "three strikes and you're out" policy; three attempts at repair were allowed before you could ask for refund.
The customer really is king here: The option to repair is entirely by their own volition and if they decide they want their money back within 30 days of purchase, the new Act compels a dealer to refund them.
The Act lays out certain standards a car has to meet. Vehicles must be as described, fit for purpose and of satisfactory quality for the price advertised. It's hoped the new Act will improve disclosure and descriptions on both sides" said David Steadman, Solicitor at Clarke Willmott LLP's Bristol office. "Buyers need to ask specific questions and dealers will need to provide specific verbal and written descriptions", he continued.
"Many classic car disputes arise from misrepresentation - i.e. the car is not as described. If a consumer wants to make sure the car he/she is purchasing has a particular provenance, is a specific model or is particularly original in component terms (for example, the engine) he/she should specifically ask the dealer", David suggested.
Other issues may arise from the car being fit for purpose (or otherwise).
A reasonable person may not expect a roadworthy, standard classic to be taken racing (or for a stripped out, caged vehicle to be used extensively on the road) unless the seller know of the buyer's intentions in the first instance.
"Most dealers have terms and conditions; these might state that all vehicles sold are collectors' items and not to be used as everyday transport," continued David. The onus is on the dealer to make such notes clear from the outset and for the buyer to inform the dealer of their intended use of the vehicle.
Finally, a dealer's car needs to be of satisfactory quality, taking the vehicle's status into account. Research is king, and most owners' clubs would be delighted to assist with a potential purchase.