Buying a Used Car: Your Rights

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 from a dealer is still probably the safest way to go, but that doesn't mean all dealers are 100% honest. What you need is someone established, with a good reputation. Ask your friends, or look for one with a trade association sign.

The Retail Motor Industry Federation or the Scottish Motor Trade Association can give you a list of their members.Does the dealer have his cars inspected? If so, by whom? Is it an independent engineer? Or is it by a motoring organisation? Don't be afraid ask for the report. It won't be that detailed, but it'll still be useful. You can also arrange for your own mechanic to inspect the car. However, if your mechanic misses a problem, the dealer won't be liable. The Sale of Goods Act covers used cars. That means they must be "of satisfactory quality" (allowing for the fact they're used), as "described to you," and "fit for any normal purpose," including any that you especially specify to the dealer. Warranties or guarantees don't affect these rights.

If something goes wrong after you've bought the car, go back to the dealer straight away. Explain the problem and how you want him to remedy it. If you aren't happy with what they say, contact Trading Standards (www.tradingstandards.gov.uk). If the dealer is a part of a trade association, they should be able to help you. If you belong to the AA or RAC, they can help, too.

Demanding a Repair or Replacement

If a car is faulty, the buyer has up to six months after date of purchase in which to reject the vehicle. You can demand a repair or a replacement, unless a replacement would cause "disproportionate or significant inconvenience" to the dealer - such as when a repair might be just as good/effective as a replacement or if the defect is minor - then a price reduction may be more appropriate.

The dealer has to prove the car was of satisfactory quality when sold, so there is no need for an independent car inspection. Put your concerns in writing to the dealer and give any additional evidence to support the problems.

Buying Privately

Buying privately might be a cheaper option, but it's much riskier, because you have far fewer rights. The only qualification is that the car needs to be "as described." If a private seller lies about the car's condition, then you can sue him.

Sometimes dealers pretend to be private sellers. It's an attempt to get rid of dubious cars and avoid their obligations. If you see several ads with the same phone number, watch out. If the seller is really a dealer, then your Sale of Goods Act rights apply.

Buying At Auction

Auctions can give great bargains - but you really need a proper knowledge of cars. Before you bid, read the auctioneer's conditions of business carefully. If the seller has a disclaimer on the car, then your rights might not apply.

Buying Online

Buying a used car from a dealer over the Internet can be a gamble, but you have the same rights as if you'd bought it in person. You may even have more rights, including a seven day cooling-off period.

Problems

It's always advisable to have an independent inspection and vehicle data check before you buy a used car. The vehicle data check will tell you whether a car's an insurance write-off.

If you discover you've bought a stolen car, you have a problem. The police can return it to the original owner, and you won't receive a penny back - and if you're buying it on credit, you'll still be responsible for the loan. You can sue the seller, of course, but if it's a private sale you'll have to find him first.