My new car is full of problems

Although it does not happen very often, we do get calls from consumers who want to reject their new car because of problems that they encounter with it that the car dealership cannot resolve.  The process of rejecting a car is not easy, but if a consumer has a strong case it is possible.

Here is the information that we recently gave a consumer who contacted Consumer Affairs for information on rejecting a new car.

Q: I am not happy with my new car as it continues to have a major problem, can I reject it?

A: Yes if it has a major defect, but you must have a very strong case to do so and you must do it within a reasonable period of time.

The purchase of consumer goods such as new cars comes under the Sale of Goods Act 2002 (as amended). If the car proves to have major defects which the supplier fails to rectify then under the Act a consumer can reject it.

The Act states that goods should be of satisfactory quality (and should remain so for a reasonable period of time) as described, durable, free from minor defect and fit for their purpose. If you’ve had the goods for a while, used them or changed them in some way, you might not have the right to a full refund. This is called accepting the goods.  Even if you’ve accepted the goods, you might still have the right to get some of your money back or to a repair or replacement instead.

Q: What is the process to get your money back on a car that I am rejecting?

The first step is to meet with the company manager and explain what you are seeking and why; should this result in no satisfactory redress contact Consumer Affairs for advice as rejecting a car can become complicated and requires good record keeping.

 The general process of rejecting faulty goods includes requesting redress in writing to the company, seeking mediation by Consumer Affairs, and finally, bringing the matter before the Courts for redress as the Act is a civil one. Check the Consumer Affairs web-site, www.ca.gov.bm for detailed information and sample letters.

If you want to reject your new car do it as quickly as possible. Keep accurate written records and contact Consumer Affairs if you are unable to negotiate a solution.

For more information visit the Consumer Affairs web-site, www.ca.gov.bm.

Honey Adams is the education officer for Consumer Affairs.