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Buying a Used Car: Your Rights

By: Abigail Taylor - Updated: 19 Nov 2017 | comments*Discuss
 
Consumer Rights Used Cars Dealer Auction

Buying a used car is always a tricky proposition. It doesn't matter if it's last year's model or an old banger with plenty of miles on the clock; it's always a bit of a gamble. That makes it especially important to know your rights when you buy a used vehicle.

Buying From a Dealer

Buying a used car that you've seen advertised for sale outside someone's house can be extremely risky; it may not have any service history and you probably don't know anything about the owner.

Which Dealer?

Buying a used car from a dealer is safer, but of course not all dealers are 100% honest. When considering where to buy your used car, look for:
  • An established dealer
  • With a good reputation
  • One that is a member a recognised trade association

The best place to start will often be to ask family and friends, and have a look on the internet for any reviews. Associations such as The Retail Motor Industry Federation or The Scottish Motor Trade Association will also be able to provide a list of their members.

History?

A good car dealer will be able to provide you with the V5 document (log book) for each car. This will list how many owners the car has had, the mileage and the age of the vehicle. Obviously this doesn't tell you about how well the owner has treated the car (e.g did they smoke in it), but will give you a picture of how "used" the used car actually is.

Some kind of service history is also extremely useful. If a vehicle has been regularly serviced it is more likely to remain reliable for longer. A service history could be in a book provided by the original manufacturer; the service provider will stamp the book and date it each time a service is carried out. An alternative to a service booklet could simply be a collection of the invoices for each service, these show the car's registration number, mileage and details of the work that was undertaken.

It is also important to check that the car is not stolen. You can easily check this by texting 'CAR' and the number plate to 83600 (www.CarTextCheck.co.uk) for a small fee; other firms carry out similar services. This is particularly important as the police can seize a stolen car and return it to the original owner. In that situation, you would have to make a civil claim against the dealer for your money back (which is not guaranteed, particularly if the dealer has disappeared, or has little money and has been imprisoned for theft).

Condition?

Most people wouldn't buy a house without assessing its condition; the same should therefore apply to purchasing a used car.

In order to properly assess the condition of a car, most people will need expert assistance in the form of a mechanic's report. Many car dealers will have their cars tested and provide you with an inspection report. If not, don't be afraid to ask for it.

Once you have the mechanic's inspection report, read it carefully. Is it from a reputable independent mechanic? Has the mechanic flagged any problems?

(Note: Used cars may pass as road worthy, but the mechanic should still flag if there are any worn parts that are likely to require replacement soon. You can then factor in the cost of this when negotiating the sale price.)

'I brought a 2004 plate Peugeot 307 last week and half way home once the car had warmed up oil pressure insufficient warning came up - on the dashboard a stop flashed up together with the oil sign. This didn't happen when we test drove it because the car hadn't had long enough to warm up. The dealer never mentioned anything about this fault.'

If the dealer does not arrange inspections, you could ask a local mechanic to carry out an inspection for you for a small charge to avoid situations such as the above. However if it subsequently turns out that your mechanic missed something in the report which later required repairing, your claim would be against your mechanic (for negligence / breach of contract) rather than against the dealer.

Protection if it all goes wrong

The Consumer Rights Act 2015 which came into force in October 2015 gives you protection when buying a used car.

The Act imposes a number of strict requirements on all goods sold:

  • The goods must be of satisfactory quality (taking into account that it is used)
  • The goods must be fit for purpose (i.e the car must be roadworthy and driveable unless described otherwise) including any purpose that you specify to the dealer
  • The goods must match the description given at the time of purchase

'I have just bought a Nissan Qashqai+2 (61 plate) and was told it had 12 months MOT. It broke down today and I called RAC who informed me that the cambelt has gone. Not only that but they told me it had no MOT. What can I do?'

This would be a breach of the Act requirements, as the vehicle does not match the description given at the time of purchase.

Any warranties or guarantees don't affect these rights.

'I was asked by a dealer to write and then sign to say I was happy to take car without a warranty. Is this a legal way for the dealer to get out of honouring a warranty if it is needed? I just feel I may have been conned and made a massive mistake.'

Dealers cannot dis-apply statutory rights given by The Consumer Rights Act 2015 and so you will still have rights to recourse even if you do not have a warranty.

(Note: the Courts do allow agreements that disputes will be referred to mediation or arbitration.)

What Steps Can I Take?

0 - 30 days since purchase

If you bought a product less than 30 days ago is unfit for purpose, faulty or not as described, you have the right to return the product and receive a full refund.

30 days - 6 months since purchase

If a fault is discovered after the first 30 days but within 6 months of the date of purchase, the fault is presumed to have been there at purchase. It is for the retailer to prove that this was not the case, and not for you to try to prove that it was.

If it has been over 30 days since you purchased the product, you can choose for the retailer to either:

  1. Repair the product, or
  2. Replace the product

The retailer may however refuse if they can show that your choice is disproportionately expensive compared to the alternative.

'We bought a 2011 Ford Focus estate 4 months ago from just over 8 grand from a dealer. In our 4 month of ownership it's been in the dealerships garage twice in two weeks! They said it's a fault with the fuel ejectors, and sent it home "fixed". A few days later it broke down again. What can we do?'

You will be entitled to a full refund if repair or replacement is not possible, or is unsuccessful. You have to give the dealership a reasonable opportunity to try to fix the fault. However if they have tried to repair the vehicle more than once unsuccessfully, this requirement will have been fulfilled.

Over 6 months since purchase

If a fault is discovered over 6 months after the date of purchase, it will be for you to prove that the fault was there at the time of purchase. It is likely that an expert report would be needed to prove this.

Buying a used car could potentially be quite high risk. However as set out above, you can take steps to reduce this risk. The law will also provide you some protection and the new Consumer Rights Act helpfully sets out your rights in the event that something goes wrong.

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[Add a Comment]
CeeBee - Your Question:
I purchased a 2003 Mini Cooper for my daughter from a car dealer 3 weeks ago for £1550. They advertised it on autotrader for £1595. It said on autotrader that all cars came with a 3 month warranty but when I agreed to buy it they said it was a 'trade' sale as they had it on their forecourt for £1995 and because they needed the space they had reduced it. To cut long story short, the gears have 'seized' so it is not possible to drive it. We've had it less than a month and probably done only about 300 miles. Do I have any rights?

Our Response:
If it is not "fit for purpose" you may be able to take it back. We're not sure of the severity of the problem or the terms of your sale.
ConsumerRightsExpert - 20-Nov-17 @ 11:22 AM
I purchased a 2003 Mini Cooper for my daughter from a car dealer 3 weeks ago for £1550. They advertised it on autotrader for £1595. It said on autotrader that all cars came with a 3 month warranty but when I agreed to buy it they said it was a 'trade' sale as they had it on their forecourt for £1995 and because they needed the space they had reduced it. To cut long story short, the gears have 'seized' so it is not possible to drive it. We've had it less than a month and probably done only about 300 miles. Do I have any rights?
CeeBee - 19-Nov-17 @ 8:58 AM
Bought a 57 plate Mazda 3 100 mileslater and only 3 days the engine management light is on. After taking it to my local garage they popped it on machine and I have 2 fault codes 2002 and 0234. I didn’t quite understand the codes but been advised to keep using car In case there old fault codes that haven’t been cleared properly, and make the garage aware of the issue where I purchased it from. And I was told it the lights came back on to go back to where I purchased the car and give it them back. Is this possible? Even if I have a 6 month warranty on the car.
Rach - 18-Nov-17 @ 7:50 PM
Daphyd - Your Question:
Purchased a brand new car and collected it from the showroom late after work on a Thursday November 2017 and On the following Saturday noticed ligher marks in the paintwork all over the car so took photos and followed it up with a visit to the selling garage the marks are all over the car and can not be buffed out Mazda are trying to say why didn’t I notice them while in the showroom and are how did it pass pdi How do I stand Thanks David

Our Response:
Was it dark when you collected it? Did you inspect the car in the daylight the following day? Could the lighter marks have been caused by anything in the interim? If not, the dealer should accept responsibility.
ConsumerRightsExpert - 17-Nov-17 @ 3:14 PM
Dave - Your Question:
Sorry I put a comment about a 59 plate insignia and was meant to ask what can I do about this ?

Our Response:
Go back to the original dealer first of all and ask them what they can do. The above article tells you what you can do/are entitled to at various stages following purchase (you didn't tell us how long you'd owned the vehicle).
ConsumerRightsExpert - 17-Nov-17 @ 11:11 AM
Purchased a brand new car and collected it from the showroom late after work on a Thursday November 2017 and On the following Saturday noticed ligher marks in the paintwork all over the car so took photos and followed it up with a visit to the selling garage the marks are all over the car and can not be buffed out Mazda are trying to say why didn’t I notice them while in the showroom and are how did it pass pdi How do I stand Thanks David
Daphyd - 16-Nov-17 @ 7:26 PM
Sorry I put a comment about a 59 plate insignia and was meant to ask what can I do about this ?
Dave - 16-Nov-17 @ 11:34 AM
I bought a 59 plate insignia from a dealer, he had it advertised with no faults, great runner etc for £2995. I phoned the number on his site and he told me over the phone that it had a few scratches so would sell to me for £2500. I bought car and only had it for 2days and had to take it to a garage to be checked over, and for a service if needed. Mechanic advised me to take it to Vauxhall he didn’t charge me for looking at car. I took car to Vauxhall and it’s been there for a week so far I have a bill of £1500 for repairs a list as long as my arm and had another phone call from Vauxhall saying it might cost another £2000 for a new turbo. My wife suffers depression and this has really gave her a massive knock and she not dealing with this very well. This car should never have been advertised for sale in this condition
Dave - 16-Nov-17 @ 11:14 AM
Nay - Your Question:
I bought a second hand car in March (£1,500), I had a MOT done 13/11/17 and it came back with a load of problems mounting to just under £800 worth of repairs. The mechanic said that I should go back to the dealership and complain as it was not in a good condition when sold. some of the works include:both front coil springs broken nearside front/offside (one snapped off as it was so rusty) (now marked as dangerous)Tyre has ply or cords exposed nearside front inner (dangerous)Brake disc in such condition that it is seriously weakened nearside front innerAnti-roll bar linkage has excessive play in a pin/bush offside frontI just checked the previous MOT (before I bought it) advisory information - Brake pads wearing thin front Suspension arm ball joint dust cover deteriorated but preventing the ingress of dirt offside front lower.Is the mechanic right should I take it back to the dealership? advice would be greatly appreciated.

Our Response:
As it's more than 6 months after the date of purchase, it will be for you to prove that the fault was there at the time of purchase. It is likely that an expert report would be needed to prove this. If the mechanic is willing to provide a report saying that the vehicle would not have been fit for purpose at the time of purchase, you may be able to take action against the dealer.
ConsumerRightsExpert - 15-Nov-17 @ 12:25 PM
I bought a second hand car in March (£1,500), I had a MOT done 13/11/17and it came back with a load of problems mounting to just under £800 worth of repairs. The mechanic said that I should go back to the dealership and complain as it was not in a good condition when sold. some of the works include: both front coil springs broken nearside front/offside (one snapped off as it was so rusty) (now marked as dangerous) Tyre has ply or cords exposed nearside front inner (dangerous) Brake disc in such condition that it is seriously weakened nearside front inner Anti-roll bar linkage has excessive play in a pin/bush offside front I just checked the previous MOT (before I bought it) advisory information - Brake pads wearing thin front Suspension arm ball joint dust cover deteriorated but preventing the ingress of dirt offside front lower. Is the mechanic right should I take it back to the dealership? advice would be greatly appreciated.
Nay - 14-Nov-17 @ 12:05 PM
I purchased a 2006 corsa for my son (his first car) on Aug 17th this year. Last week it broke down on the motorway. The mechanic has informed me the head gaskett has gone and the 3rd piston and it is irrepairable. I have been back to the car sales and stated it was not saisfactory/fit for purpose. He was not very helpful, he did offer a small amount of money to help with the repairs, I expalined that under the Consumer act he should either pay for the repairs in full or replace the car, he declined and stated that he had a warrenty for the car that could prove it was in good condition. I again stated the Act and what I expected , did also say that my son had driven less than a 1000 miles , he made a comment that that would go in his favour. Anyone have any idea why he said this? And would there of been anytail tail signs if there where issues with the head gaskett etc. Many thanks
Harley - 11-Nov-17 @ 12:52 PM
Plip8080 - Your Question:
Purchased a 65 plate Kia Rio from a dealer in Liverpool, sold as having 1 owner. Just got the log book back and have discovered it’s an ex lease/hire vehicle. Can we ask for some money back as we wouldn’t have purchased has we known. We were also told it had a full service history and when we got home we discovered it was overdue for a service. We called the dealer and they did pay for our local garage to undertake the service. I think they should have told us.

Our Response:
Has it had two owners then? Sorry it's not clear. The dealer has rectified the issue with the service.
ConsumerRightsExpert - 10-Nov-17 @ 3:12 PM
Mary - Your Question:
Bought a bmw 1 series today from a private seller. I then found out car has oil leaks, corrosion and silicone and has loads of faults. The guy refused to return my money. Im on life support as a kidney patient and need car for hospital. What should I do?

Our Response:
There is not much you can do (in terms of your consumer rights)if you buy from a private seller. If the car was advertised as "in excellent condition", "very reliable" etc, you might be able to take legal action.
ConsumerRightsExpert - 10-Nov-17 @ 3:07 PM
DB - Your Question:
Bought a vectra 12 days ago. today started making a noise been told it is gear box and alternator been intouch with garage who say its nothing to do with them now was deacribed as mint condition 100% no work needed doing what can I do now?

Our Response:
If it was bought from a dealer and sold as "mint condition" you can reject it and ask for a full refund if there is a fault.
ConsumerRightsExpert - 10-Nov-17 @ 9:11 AM
Purchased a 65 plate Kia Rio from a dealer in Liverpool, sold as having 1 owner. Just got the log book back and have discovered it’s an ex lease/hire vehicle. Can we ask for some money back as we wouldn’t have purchased has we known.We were also told it had a full service history and when we got home we discovered it was overdue for a service.We called the dealer and they did pay for our local garage to undertake the service.I think they should have told us.
Plip8080 - 9-Nov-17 @ 9:13 PM
Bought a bmw 1 series today from a private seller. I then found out car has oil leaks, corrosion and silicone and has loads of faults. The guy refused to return my money. Im on life support as a kidney patient and need car for hospital. What should i do?
Mary - 8-Nov-17 @ 8:12 PM
Bought a vectra 12 days ago.. today started making a noise been told it is gear box and alternator been intouch with garage who say its nothing to do with them now was deacribed as mint condition 100% no work needed doing what can i do now?
DB - 7-Nov-17 @ 8:57 PM
Chri - Your Question:
Bought a 2014 Audi A4 from Car World 20 days ago and the wheel bearing has gone on the front wheel. Am I able to return this for them to fix it? Thank you

Our Response:
Yes asssuming you weren't made aware of the issue at the time of purchase,it's within 30 days since purchase and is clearly faulty. The dealer should repair this for you with no quibbles or refund you for the price of the vehicle.
ConsumerRightsExpert - 7-Nov-17 @ 10:01 AM
Deb- Your Question:
I bought a 2004 ford fusion from a dealer on October 2nd 17, after a week I noticed a leak on my drive. I reported it to the dealer who gave me a garage details. I took the car there, he looked briefly, said it wasn't dangerous but to bring it back a week later. I took it last week and he said it was a crack in the coolant expansion tank and to book it in for repair, after discussing with warranty company. Yesterday it started making an awful noise when steering and although the steering fluid tank level us ok, I'm guessing it us not coolant but steering fluid and that the steering pump has now gone. I paid £1250.00 and have had the car 5 weeks. Do I have any rights at all?

Our Response:
This will depend to a certain extent, on the description the dealer gave you of the vehicle at the time of purchase, the vehicle's age and its mileage.
ConsumerRightsExpert - 6-Nov-17 @ 3:28 PM
I bought a 2004 ford fusion from a dealer on October 2nd 17, after a week I noticed a leak on my drive. I reported it to the dealer who gave me a garage details. I took the car there, he looked briefly, said it wasn't dangerous but to bring it back a week later. I took it last week and he said it was a crack in the coolant expansion tank and to book it in for repair, after discussing with warranty company. Yesterday it started making an awful noise when steering and although the steering fluid tank level us ok, I'm guessing it us not coolant but steering fluid and that the steering pump has now gone. I paid £1250.00 and have had the car 5 weeks. Do I have any rights at all?
Deb - 6-Nov-17 @ 12:28 AM
Bought a 2014 Audi A4 from Car World 20 days ago and the wheel bearing has gone on the front wheel. Am I able to return this for them to fix it? Thank you
Chri - 1-Nov-17 @ 7:30 AM
bigstevie89 - Your Question:
Car bought june 2017, mazda 3 saloon. Problem was a really bad diesel/oil smell in cabin and outside, reported to garage but unable to take in due to going away for work. Car had problems noticed after about 4-5 weeks, came home to drive car again to get oil light and oil pressure warning light on. put new oil in waited 30 minutes to settle, check dipstick, start car lights still on. Call AA out they say engine is knackered DO NOT DRIVE!!. What do I do? who's responsible for repair? I reckon car has not been driven long enough for problems to just appear, I feel it's been sold with problems. Do I go for repair replace refund?

Our Response:
You haven't told us how muchyou paid for the car, how old it is, or how many miles it had when you purchased it so it's difficult to comment. Read the above guide for help, if you think the advice in the section: "30 days to 6 months" is appropriate ask for a repair or replacement.
ConsumerRightsExpert - 31-Oct-17 @ 3:29 PM
Paul - Your Question:
My wife bought a used car on 4th July with finance for £7300. When the car arrived, there was a significant noise from the engine room. Dealer paid the local specialist directly for the diagnosis and job. It turns out when previous turbo replacement job’s done before this car sold to us, the engineer didn’t properly secure the panels around it. We were glad it’s done. Then we found out heavy vibration on high speed so kids can’t stay on rear seats. so we had to balance the car with our cost. Before the 3000miles dealer’s warranty expired, alternator failed. The dealer supplied the part and we paid the labour cost. Now, engine warning’s on and it turns out the inlet manifold shut off motor failed and it will cost around £1700 total to repair it. Contact the dealer and they says I can bring it back to themfor repair but we need to pay for it because it’s out of warranty. The dealer is friendly and always deal us with good manner but saying it’s out of warranty now and can’t help. Only had this car for just over three month and brought to the garage 4 times now. We simply want the car to be repaired and feel safe to drive. it’s done just over 85000miles on the clock and over 10days we couldn’t used the car for the repair job since we bought. Need an advice what to do with the repair cost.

Our Response:
At this stage, less than 6 months after purchase, the dealer should repair or replace it under the Consumer Rights Act 2015. Please see the relevant section of the above article for more information.
ConsumerRightsExpert - 30-Oct-17 @ 12:58 PM
Car bought june 2017, mazda 3 saloon. Problem was a really bad diesel/oil smell in cabin and outside, reported to garage but unable to take in due to going away for work. Car had problems noticed after about 4-5 weeks, came home to drive car again to get oil light and oil pressure warning light on. put new oil in waited 30 minutes to settle, check dipstick, start car lights still on. Call AA out they say engine is knackered DO NOT DRIVE!! . What do i do? who's responsible for repair? I reckon car has not been driven long enough for problems to just appear, i feel it's been sold with problems. Do i go for repair replace refund?
bigstevie89 - 29-Oct-17 @ 2:06 AM
My wife bought a used car on 4th July with finance for £7300. When the car arrived, there was a significant noise from the engine room. Dealer paid the local specialist directly for the diagnosis and job. It turns out when previous turbo replacement job’s done before this car sold to us, the engineer didn’t properly secure the panels around it. We were glad it’s done. Then we found out heavy vibration on high speed so kids can’t stay on rear seats. so we had to balance the car with our cost. Before the 3000miles dealer’s warranty expired, alternator failed. The dealer supplied the part and we paid the labour cost. Now, engine warning’s on and it turns out the inlet manifold shut off motor failed and it will cost around £1700 total to repair it. Contact the dealer and they says I can bring it back to them for repair but we need to pay for it because it’s out of warranty. The dealer is friendly and always deal us with good manner but saying it’s out of warranty now and can’t help. Only had this car for just over three month and brought to the garage 4 times now. We simply want the car to be repaired and feel safe to drive. it’s done just over 85000miles on the clock and over 10days we couldn’t used the car for the repair job since we bought. Need an advice what to do with the repair cost.
Paul - 27-Oct-17 @ 6:41 PM
I purchased a BMW 1 series from evans Halshaw Coatbridge10th of October 2015. My car broke down on the last day of warranty. The car garage said they would take it and have a look, resulting in it being the timing chain they decided not to help me out in any sort of way. I have only done 46,000 miles and it's a 2012. The finance company Santander Consumer Finance also say they cannot cover me. This has been going on for 3 months now and still no further forward. Evans Halshaw also have terrible service, I have spoke to 5 different people and also while one was on holiday as he returned he emailed me instead of passing on to someone else. Would not recommend them to anybody
Laura - 26-Oct-17 @ 1:38 PM
I've bought a citroen ds3 from a Trader quite cheap 3650£ and I only drove it for 91miles and it broke down.. On the receipt he put a note no warranty due to the price paid.. The car broke down the guys from the garage said I will need a engine replacement... Currently I have the car for 20 days... It has been advertised as a top quality car with full service history the last service has been done a month ago... And all mots are fine with no advisory.. What are my chances to get a full refund?? Thank you!!!
Ovi - 25-Oct-17 @ 12:14 PM
I bough 11 c4 7 seater 10 months ago paid 13900 he gear box and fly wheel has gone do i have any come back ?
Kellywalsh - 18-Oct-17 @ 9:58 PM
Kelvy - Your Question:
I bought a car from a dealer 9 months ago with two central locking keys and today I received a call from the dealer telling me that the previous owner had another key to the car that I have bought Is that in someway to being illegal or even braking the car purchase aggrement

Our Response:
If the dealer didn't know about the existence of a third key there's probably not much you can do. Has this only just come to light becausethe previous owner has contacted them? Sorry there's not really enought information for us to comment.
ConsumerRightsExpert - 13-Oct-17 @ 3:05 PM
I bought a car from a dealer 9 months ago with two central locking keys and today i received a call from the dealer telling me that the previous owner had another key to the car that I have bought Is that in someway to being illegal or even braking the car purchase aggrement
Kelvy - 12-Oct-17 @ 8:15 PM
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