Understanding the Six-Month CRA 2015 Presumption Period

What the Six-Month Presumption Period Actually Means

The six-month presumption period under the Consumer Rights Act 2015 establishes that any fault appearing within six months of sale is presumed to have existed at the point of delivery, unless you as the dealer can prove otherwise. This presumption shifts the burden of proof from the customer to you. When a customer reports a fault in month three or month five, they do not need to prove the defect was present when they bought the vehicle. You must demonstrate it was not, or accept responsibility for the repair or remedy.

This presumption applies specifically to goods that are not of satisfactory quality, not fit for purpose, or not as described. It does not create new rights, but it fundamentally changes who must provide evidence when a dispute arises during this critical period. The practical effect is significant: a customer claiming a gearbox failure at five months does not need an expert report proving the fault existed at sale. You need evidence showing it did not.

The presumption ends at six months. After that point, the burden shifts back to the customer to demonstrate any fault was present at the time of sale or results from your breach of contract. However, the customer retains statutory rights for up to six years (five in Scotland), so the end of the presumption period does not end your obligations. It simply changes the evidential burden.

How the Presumption Interacts with Rejection Rights

The six-month presumption period operates independently from, but alongside, the rejection rights timeline. During the first 30 days, a customer has a short-term right to reject for any breach of the satisfactory quality, fitness for purpose, or description requirements. This is an unconditional right to a full refund, and the presumption is largely irrelevant because the rejection window is so brief.

Between 30 days and six months, the customer loses the automatic right to reject. They must first give you one opportunity to repair or replace the vehicle. If that repair fails, or is impossible, or causes significant inconvenience, the customer can then reject and claim a refund (subject to a deduction for use). During this period, the presumption is critical. When the customer reports the fault, you cannot simply argue they caused it through misuse or wear. The law presumes the fault was inherent at sale.

After six months, the customer still has the right to a repair or replacement if a fault is proven to have existed at sale or results from your breach, but they must now provide that proof. The presumption no longer applies. In practice, this means customers making claims after six months often need independent evidence, such as an engineer's report, to establish the defect was latent at the point of delivery.

What Counts as Rebutting the Presumption

Rebutting the presumption requires evidence demonstrating the fault was not present at the time of sale. The standard is the balance of probabilities, not absolute certainty, but vague assertions or speculation will not suffice. You need credible, documented evidence that points more convincingly to a post-sale cause than a pre-existing defect.

A pre-delivery inspection report showing the specific component was tested and functioning at handover is strong evidence. If you conducted a thorough PDI and documented gearbox operation, fluid condition, and the absence of warning lights, that contemporaneous record directly contradicts a claim the gearbox was faulty at sale. Similarly, OEM build sheets and factory specifications can rebut claims a vehicle lacks features it was never built with, addressing "not as described" disputes.

Mileage and usage data can also rebut the presumption. If a customer drives 15,000 miles in four months and then reports clutch failure, evidence of that extreme usage pattern, combined with manufacturer guidance on expected component life, may demonstrate the fault arose from post-sale use rather than an inherent defect. Digital service history, MOT records, and telematics data can all provide this evidence.

Conversely, general statements like "it was fine when it left here" or "they must have driven it hard" do not rebut the presumption. You need specific, documented facts that make it more likely than not the fault developed after sale.

Practical Implications for Stock Preparation and Handover

The presumption period makes your pre-sale preparation and handover documentation critical. Every vehicle you sell carries a six-month evidential liability. If you cannot demonstrate a fault was not present at sale, you bear the cost of remedying it, even if you genuinely believe the customer caused the problem.

Detailed PDI reports are your primary defence. A comprehensive PDI should document the condition of key components, fluid levels, warning lights, dashboard functionality, brake condition, tyre tread, and any faults identified and rectified before sale. Photographic evidence of the vehicle's condition at handover, including mileage, panel condition, and interior state, provides additional contemporaneous proof.

Provenance checks completed before sale also support your position. If you can show the vehicle had a clean MOT history, verified service records, and no outstanding finance or salvage markers at the point of acquisition, you establish a baseline of due diligence. When combined with a PDI showing the vehicle was roadworthy and fault-free at delivery, you build a credible case that any subsequent fault arose post-sale.

Handover documentation should include a signed acknowledgment from the customer confirming the vehicle's condition, mileage, and any disclosed faults. While this does not override statutory rights, it provides evidence the customer accepted the vehicle in a specific condition, making it harder to claim an undisclosed fault later.

Common Scenarios and How the Presumption Applies

A customer returns after three months reporting an engine management light and loss of power. Diagnostics reveal a failed oxygen sensor. Under the presumption, this fault is assumed to have existed at sale unless you can prove otherwise. If your PDI documented no warning lights and the vehicle passed a diagnostic scan at handover, you have evidence the sensor was functioning. If the customer has since covered significant mileage or the vehicle has been serviced elsewhere, those facts may support a post-sale failure. Without that evidence, you are liable for the repair.

A customer claims at five months that the vehicle was mis-sold because it lacks heated seats, which they say were advertised. The presumption applies to "not as described" claims. If your original advert or sales invoice listed heated seats, and the vehicle does not have them, you are in breach regardless of when the customer noticed. However, if you can produce the factory build sheet showing the vehicle was never built with that option, and your advert made no such claim, you rebut the presumption. The burden of proof shifts back to the customer to show you made a false representation.

A customer reports a gearbox fault at four months. An independent inspection finds metal fragments in the transmission fluid, indicating wear. The presumption applies, so the fault is assumed to have existed at sale. If you can show the customer has driven 20,000 miles in four months, often towing a trailer, and the manufacturer's guidance states the gearbox is not rated for that use, you may rebut the presumption by demonstrating misuse. If the customer has driven normally and you have no evidence of pre-existing condition, you are liable.

How to Respond When a Customer Raises a Claim

When a customer reports a fault within six months, your response must acknowledge the presumption and focus on evidence. Do not immediately dispute liability or suggest the customer caused the problem without supporting facts. Doing so weakens your position and can escalate the dispute.

First, document the reported fault in detail. Record the customer's description, the date they first noticed the issue, the current mileage, and any circumstances they mention. Request permission to inspect the vehicle and arrange for diagnostics by a qualified technician. The inspection report is critical evidence, whether it supports or contradicts the customer's claim.

Review your records from the sale. Pull the PDI report, any provenance checks, handover documentation, and photographs. Compare the reported fault to the vehicle's condition at delivery. If your records show the component was tested and functioning, and the fault is consistent with post-sale wear or damage, you have grounds to rebut the presumption.

If you cannot rebut the presumption, you must offer a repair or replacement. The customer is entitled to one opportunity for you to remedy the breach. Refusing to do so, or insisting the customer prove the fault existed at sale, breaches your obligations and strengthens any subsequent rejection claim. The handling of disputes during this period determines whether the matter resolves amicably or escalates to court.

The Role of Independent Evidence and Expert Reports

During the presumption period, independent evidence can either support your rebuttal or undermine it. If a customer obtains an independent engineer's report stating a fault is consistent with a pre-existing defect, that evidence is difficult to counter, particularly if your own records are incomplete. Conversely, if your independent inspection shows the fault arose from post-sale misuse, that report supports your rebuttal.

The quality and impartiality of the evidence matter. A report from a franchise dealer for the same manufacturer, conducted by a qualified technician, carries more weight than an opinion from a general mechanic. Similarly, a detailed PDI from a qualified inspector is more credible than a checklist with tick marks and no narrative.

If you dispute a claim and the matter proceeds to court or alternative dispute resolution, the court will weigh the evidence on both sides. The presumption means you start from a position of assumed liability. Strong, contemporaneous evidence from the point of sale is your only reliable defence. Retrospective arguments or unsupported assertions rarely succeed.

Why Provenance and Compliance Tools Reduce Your Exposure

Comprehensive provenance checks before purchase reduce the risk of acquiring vehicles with latent defects that surface during the presumption period. A vehicle with a patchy MOT history, frequent advisory notices for the same component, or mileage discrepancies is more likely to develop faults post-sale. Identifying these red flags before you buy allows you to avoid problematic stock or price the risk accordingly.

Digital service history verification provides evidence of the vehicle's maintenance record and can support your rebuttal if a customer claims a fault that contradicts the service record. If the manufacturer's system shows the gearbox was inspected and passed at the last service two months before you sold the vehicle, that record supports your position that the fault developed post-sale.

Compliance tools, including PDI report templates and handover checklists, ensure you create the documentation you need at the point of sale. These tools do not eliminate your liability, but they shift the evidential balance in your favour when disputes arise. A dealer with comprehensive records and a documented preparation process is far better positioned to rebut the presumption than one relying on memory or incomplete paperwork.

After Six Months: What Changes and What Does Not

At six months and one day, the presumption ends. The burden of proof shifts back to the customer. If they report a fault after this point, they must demonstrate it was present at sale or results from your breach of contract. This is a significant practical shift. Customers making late claims often struggle to provide the necessary evidence, particularly for faults that could plausibly result from wear and tear.

However, your obligations under the CRA 2015 do not end at six months. The customer retains the right to a repair or replacement for faults that breach the satisfactory quality, fitness for purpose, or description requirements, provided they can prove the breach. The statutory period runs for six years from sale (five in Scotland). In practice, claims after the first year are rare, and claims after two years are uncommon, but the liability persists.

The end of the presumption period does not mean you can ignore late claims. You must still investigate, respond appropriately, and offer a remedy if the customer provides credible evidence of a breach. Refusing to engage or dismissing claims without consideration can lead to enforcement action or court proceedings.

FAQs

Does the six-month presumption apply to sold-as-seen or trade sales?

No. The Consumer Rights Act 2015 applies only to business-to-consumer sales. If you sell a vehicle to another trader or business, or if you sell as a private individual, the CRA does not apply and there is no presumption period. However, you cannot simply label a sale "sold as seen" to avoid CRA obligations when selling to a consumer. The Act's protections cannot be contracted out.

Can I rebut the presumption by showing the customer signed a disclaimer?

No. A signed disclaimer or acknowledgment of faults does not rebut the presumption that a subsequently discovered fault existed at sale. You can only rebut the presumption with evidence demonstrating the fault was not present at delivery. A disclaimer may be relevant if it specifically disclosed the exact fault the customer later claims, but it does not shift the burden of proof during the presumption period.

What happens if I offer a repair during the presumption period and the customer refuses?

If the customer refuses your offer to repair without good reason, they may lose the right to reject or claim a refund. However, the customer can refuse if the repair would cause significant inconvenience, take too long, or if they have lost confidence in the vehicle. Simply offering a repair does not end your liability. You must actually complete the repair, and it must be effective. If the same fault recurs, the customer's right to reject is strengthened.

Does an extended warranty affect the presumption period?

No. The six-month presumption is a statutory provision under the CRA 2015 and operates independently of any warranty you provide. An extended warranty may cover repairs after the presumption period ends, but it does not change the burden of proof during the first six months. The customer's statutory rights under the CRA always take precedence over any warranty terms.

If I repair a fault during the presumption period, does the six-month clock reset?

No. The six-month presumption period runs from the original date of delivery and does not reset after a repair. However, if you repair or replace a component, the customer has statutory rights in relation to that repair or replacement, including a right to a further repair or compensation if the repair fails. The original six-month period and any rights relating to subsequent repairs operate in parallel, not sequentially.