Return and Exchange Policy

Last Updated: 3 September 2026

At Brill Motors, we are committed to making the purchase of a locally used vehicle transparent, fair and dependable. Every locally used vehicle has its own age, mileage, service history and condition. We therefore encourage every buyer to inspect and test-drive the vehicle before completing the purchase.

This policy explains when a locally used vehicle may qualify for repair, exchange or refund.

1. Scope of This Policy

This policy applies only to locally used vehicles sold directly by Brill Motors.

A “locally used vehicle” means a pre-owned vehicle that has previously been registered or operated in Kenya.

It does not apply to:

Brand-new vehicles;
Imported-to-order vehicles;
Auction vehicles;
Vehicles sold by independent third-party sellers through the Brill Motors marketplace;
Spare parts, accessories or workshop services; or
Trade-in vehicles purchased by Brill Motors from customers.

Where Brill Motors acts only as an advertising platform or intermediary, the identity of the actual seller will be stated in the Vehicle Sale Agreement. Brill Motors may assist the parties in resolving a complaint, but responsibility for the vehicle remains subject to the applicable agreement and Kenyan law.

2. Inspection Before Purchase

Before completing the purchase, the buyer will be given a reasonable opportunity to:

Inspect the vehicle;
Conduct a test drive;
Review the available vehicle information and inspection report;
Confirm the registration, chassis and engine details;
Ask questions about the vehicle’s condition and history; and
Arrange an independent inspection by a qualified mechanic at the buyer’s cost.

Any known material defects identified by Brill Motors will be disclosed in the Vehicle Condition and Disclosure Report or Vehicle Sale Agreement.

The buyer will be asked to sign the handover documentation confirming the vehicle’s recorded mileage, visible condition, supplied accessories and disclosed defects.

An inspection or acknowledgement does not remove any statutory rights relating to hidden defects, inaccurate representations, ownership problems or matters that could not reasonably have been discovered during an ordinary inspection.

3. Change-of-Mind Returns

Because locally used vehicles are individually inspected, reserved and prepared for a specific buyer, Brill Motors does not ordinarily accept returns or exchanges merely because:

The buyer has changed their mind;
The buyer no longer likes the vehicle;
The buyer finds another vehicle at a lower price;
The vehicle does not fit the buyer’s personal preferences;
The buyer’s financial circumstances change; or
Financing or insurance is declined after the purchase, unless financing approval was expressly made a condition of the sale.

This restriction does not affect cancellation or other rights that may apply under Kenyan law, including rights relating to qualifying internet, remote or direct agreements.

4. When a Vehicle May Qualify for a Remedy

A vehicle may qualify for inspection and an appropriate remedy where:

The vehicle is materially different from its written description or the Vehicle Sale Agreement;
Brill Motors made a material representation about the vehicle that was false, misleading or inaccurate;
The vehicle had a serious undisclosed mechanical, structural or safety defect that existed at the time of handover;
The vehicle was not of reasonably merchantable quality, taking into account its age, mileage, price, disclosed condition and previous use;
Brill Motors did not have the legal right to sell the vehicle;
The vehicle is subject to an undisclosed security interest, encumbrance, ownership claim or restriction that prevents lawful transfer;
The chassis number, engine number, registration details or other material identification information does not correspond with the sale documents; or
A written warranty supplied with the vehicle expressly provides for the requested remedy.

Minor faults or cosmetic imperfections consistent with the vehicle’s age, mileage, price and disclosed condition will not automatically qualify the vehicle for return or exchange.

5. Reporting a Problem

The buyer should notify Brill Motors as soon as reasonably possible after discovering a problem.

For faster assessment, problems discovered shortly after delivery should preferably be reported within seven calendar days or 300 kilometres after handover, whichever occurs first. This reporting period is intended to assist with prompt investigation and does not eliminate any right available under Kenyan law.

The complaint should include:

The buyer’s full name and contact details;
Vehicle registration number;
Chassis number, where available;
Date of purchase and handover;
Current odometer reading;
A clear description of the problem;
Photographs, videos or diagnostic reports, where available; and
A copy of the receipt or Vehicle Sale Agreement.

The buyer must take reasonable steps to prevent further damage. A vehicle with a suspected safety-critical fault should not continue to be driven except where reasonably necessary to move it to a safe location.

6. Vehicle Assessment

Brill Motors will acknowledge a properly submitted complaint within two business days.

The buyer must make the vehicle available for inspection at the Brill Motors showroom or another agreed inspection centre. Brill Motors may appoint a qualified independent mechanic or assessor to determine:

The nature and severity of the defect;
Whether the defect existed or was developing at handover;
Whether the defect had been disclosed;
Whether it resulted from normal wear and tear, misuse, an accident or a post-sale event; and
The most appropriate remedy.

Brill Motors will ordinarily communicate its assessment and proposed resolution within five business days after completing the inspection. More time may be required where specialist diagnosis, parts information, insurer involvement or third-party verification is necessary.

The vehicle must not be repaired, dismantled or materially altered by an unauthorised third party before Brill Motors has had a reasonable opportunity to inspect it, except where emergency work is reasonably necessary to prevent injury or further damage. The buyer should retain all supporting photographs, reports and receipts for emergency work.

7. Available Remedies

Where a complaint is accepted, Brill Motors will provide an appropriate remedy based on the nature and seriousness of the problem, the applicable Vehicle Sale Agreement, any written warranty and Kenyan law.

A remedy may include:

Repair

Brill Motors may repair the verified defect at no cost to the buyer where repair is reasonable, safe and proportionate.

Exchange

The vehicle may be exchanged for another available vehicle of reasonably comparable value where:

The defect is substantial;
Repair is not reasonable or has not resolved the problem;
Both parties agree to the exchange; or
An exchange is otherwise required by law.

If the replacement vehicle has a higher price, the buyer must pay the difference. If it has a lower price, Brill Motors will refund or credit the difference as agreed.

An exchange is subject to availability and completion of the necessary ownership, financing and registration documentation.

Refund

A full or partial refund may be provided where:

The sale cannot lawfully be completed;
Brill Motors did not have the right to sell the vehicle;
An undisclosed encumbrance prevents lawful transfer and cannot be removed within a reasonable time;
The vehicle was materially misrepresented;
A substantial qualifying defect cannot be repaired within a reasonable time;
An agreed repair has failed to resolve the substantial defect; or
A refund is otherwise required under Kenyan law.

The appropriate remedy will depend on the circumstances of each case. Nothing in this policy restricts a remedy to which the buyer is legally entitled.

8. Conditions for an Approved Return or Exchange

Where a return or exchange is approved, the buyer must:

Return the vehicle to the agreed location;
Return all keys, logbooks, manuals, tools, spare wheels and accessories supplied with the vehicle;
Cooperate with the reversal or transfer of vehicle ownership;
Provide documents reasonably required by a financier, insurer or government authority;
Disclose any accident, damage, alteration or repair occurring after handover; and
Remove personal belongings and personal data from the vehicle.

Brill Motors may deduct the reasonable cost of repairing damage caused after handover where the damage is unrelated to the accepted complaint, except where such deduction is prohibited by law.

9. Exclusions

Unless otherwise required by law or expressly covered by a written warranty, a vehicle will not qualify for return, exchange or free repair for:

A defect disclosed before purchase;
A defect that an ordinary inspection ought reasonably to have revealed and that the buyer accepted;
Normal wear and tear consistent with the vehicle’s age and mileage;
Routine maintenance requirements;
Normal deterioration of tyres, brake pads, wiper blades, bulbs, filters, fluids, batteries, belts or similar service items;
Cosmetic scratches, dents, paint variations or interior wear disclosed or reasonably visible before purchase;
Damage caused by an accident, negligence, improper driving, overloading or racing;
Damage caused by flooding, fire, theft, vandalism or another external event after handover;
Use of incorrect fuel, oil, coolant, parts or fluids;
Failure to maintain the vehicle according to reasonable service requirements;
Unauthorised modifications, tuning or installation of aftermarket parts;
Repairs performed without giving Brill Motors a reasonable opportunity to inspect the vehicle;
Commercial use where the vehicle was sold for private use and that use materially contributed to the defect;
Changes in fuel consumption caused by driving style, traffic, load, terrain or maintenance;
Minor noises, vibrations or characteristics reasonably expected of a vehicle of similar age and mileage; or
A change in the buyer’s personal or financial circumstances.

These exclusions do not apply where Brill Motors concealed a material fact, made a misleading representation or where applying the exclusion would unlawfully limit the buyer’s statutory rights.

10. Warranty Vehicles

Selected Brill Motors vehicles may be supplied with a separate written warranty, including the eight-month warranty referenced in our Terms and Conditions.

The warranty document issued for the specific vehicle will explain:

The warranty period;
Covered components;
Claim procedure;
Service requirements;
Mileage limits; and
Applicable exclusions.

A commercial warranty is additional to, and does not replace or restrict, the buyer’s rights under Kenyan law.

11. Deposits and Vehicle Reservations

Reservation deposits are governed by the written reservation form or Vehicle Sale Agreement.

Unless the agreement provides otherwise, a deposit may be refundable where:

Brill Motors cannot complete the sale;
The vehicle is materially different from its written description;
A pre-purchase inspection reveals a serious undisclosed defect and the buyer promptly cancels before handover;
Brill Motors cannot provide lawful ownership documents; or
Refund of the deposit is required by law.

A deposit may be non-refundable where the buyer withdraws without an eligible reason after Brill Motors has reserved the vehicle, rejected other buyers or incurred agreed preparation costs. Any deduction must be reasonable and consistent with the signed agreement and applicable law.

12. Finance and Insurance Purchases

Where a vehicle was financed, any approved refund or exchange may require the financier’s written approval and settlement or replacement of the existing finance agreement.

Amounts paid directly by a financier will ordinarily be returned to that financier. Any balance lawfully due to the buyer will be paid after the finance account, ownership documents and related obligations have been reconciled.

Insurance premiums, government charges and third-party fees are subject to the terms of the relevant provider and will not automatically be refundable by Brill Motors.

13. Refund Processing

Once a refund has been approved and all required return and ownership documentation has been completed, Brill Motors will process the refund within fourteen business days.

Refunds will normally be made through the original payment method or to a verified bank or mobile-money account belonging to the buyer.

Brill Motors will not make a refund to an unrelated third party unless legally required or authorised through verified written instructions.

14. Statutory Rights

This policy must be read together with the Vehicle Sale Agreement, the applicable written warranty and the laws of Kenya.

Nothing in this policy excludes, restricts or varies any non-excludable consumer right, condition, warranty or remedy under:

Article 46 of the Constitution of Kenya;
The Consumer Protection Act;
The Sale of Goods Act;
The Competition Act; or
Any other applicable Kenyan law.

If any part of this policy conflicts with a mandatory provision of Kenyan law, the mandatory legal provision will apply.

15. Complaints and Dispute Resolution

We aim to resolve all complaints fairly and directly.

Complaints should first be submitted to Brill Motors using the contact details below. If a dispute cannot be resolved through our internal process, the parties may attempt mediation or use any complaint, regulatory or court process available under Kenyan law.

Consumers may also submit eligible consumer complaints to the Competition Authority of Kenya.

16. Contact Brill Motors

Email: info@brillmotors.com
Phone/WhatsApp: +254 758 243 058
Location: Garden City Mall Rooftop Car Yard, Nairobi, Kenya

Please include the vehicle registration number and purchase date in all return, exchange or warranty correspondence.