Buying a car is one of the most risky purchases you're ever likely to make. Which is why it's essential to keep your wits about you and make sure you don't rush into anything. Remember car prices are still falling so you are unlikely to lose out if you sleep on it instead of signing the contract there and then.
You can avoid being taken for a ride if you know your rights. These differ depending on whether you buy a car privately of from a trader. Buying privately is much cheaper but you have limited come back if things go wrong. All you can expect is that the car is described accurately.
If you're going to buy privately take someone with you who can verify what the seller says about the condition of the car. Try and have the car examined by an independent engineer. You can arrange this through the AA or RAC for about £110. This will let you know if there is anything wrong with the car and give you the option of claiming from the engineer if he fails to notice a serious fault.
Buying from a trader puts you in a much stronger position because the law demands the car is satisfactory quality and fit for its purpose. What is satisfactory depends on a number of factors such as the price and age of the car. But the bottom line is that all cars sold by a dealer must be roadworthy and safe to drive.
If a dealer tells you about a defect or if you examine the car and should have noticed a defect, you can't later complain about this fault. But this applies only if you actually examined the car. You can't be robbed of your rights simply because you failed to take up the opportunity to inspect the car.
Getting your money back can be difficult if you have had the car for more than three weeks. This is because of the result of a case called Bernstein v Pamson Motors, the outcome of which meant that you lose the right to reject the vehicle after three weeks even if the defect was present from day one.
But even if you have lost the right to reject the car you are still entitled to damages from the dealer. These are usually worked out on the basis of what it would cost to repair the defects. You can also claim for the cost of a hire car whilst your car is being repaired. And if the car breaks down and has to be towed to the nearest garage, you can claim for this too.
Curiously you have more chance of getting your money back if you buy a car on hire purchase or under a conditional sale agreement. Here you lose the right to a refund only after you have discovered the defect and decide to keep the car anyway. But if you had used the car for sometime before rejecting it, the credit company can deduct an amount from the refund to cover wear and tear.
