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Buying a Used Car: Your Rights

By: Abigail Taylor - Updated: 21 Sep 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]
I bought a car in July and when I got it home all the water had leeked out, as I was going on holiday to the Scotland the weekend after I called the dealer who let me take it to my garage who replaced the radiator and then paid me back.when on holiday in Scotland the engine management light came on and I took it to a garage who said it was a blocked DFP and needed a new catalytic converter. I came home down the motorway and the light went off, I then had it come on again but was going to the garage but it went off again, it then came on again last week just before I had to do a 5 hour round trip to take one not my daughters to university. I was told a good run at speed should fix it but it just stayed on and yesterday I took it to my garage who read the same falt code p0422 and recommended I try get it cleaned. I contacted the dealer last night to see if he would pay for the clean to try and fix it. I paid £2000 for the car but if I got the part from a main dealer I am looking at £2000 and even a non Kia part will cost me many hundred's. I know it was a second hand car and I know it will need a can belt change in a few thousand miles and the clutch is not great but I took that into account when I paid for it.
Npm - 21-Sep-17 @ 6:02 PM
I bought a Toyota Avensis Estate 17 days ago. Car has been running fine until 2days ago when we noticed a horrid burning rubber smell coming from the engine. I've done some research and it seems to suggest its the clutch that has gone/ is going. I've rung the dealer and asked for their help and they have just advised I drive it until the engine warning light comes on. (Not very happy to do this with two small children in the car?) And surely this could further damage the car?
Ali - 21-Sep-17 @ 9:46 AM
Cat13r - Your Question:
I bought a vehicle 7 months ago a 64 plate ford focus which has just had it's first mot. It's only done 68k miles and the timing belt has snapped. I have rung dealer and they said out of 6 months there is nothing they can do. What options do I have?

Our Response:
As it's over 6 months since purchase, the onus is on you to prove that the fault was present at the time of purchase. You haven't said how many miles that car had done at the time of purchase. It's common for some ford vehicles to need a timing belt replacement at around 60k miles depending on driving style etc.
ConsumerRightsExpert - 18-Sep-17 @ 1:52 PM
I bought a vehicle 7 months ago a 64 plate ford focus which has just had it's first mot. It's only done 68k miles and the timing belt has snapped. I have rung dealer and they said out of 6 months there is nothing they can do. What options do I have?
Cat13r - 16-Sep-17 @ 1:21 PM
I bought an Audi in April. 6 weeks later it stopped running. When I OBD it read ECU not responding. My brother, who is a training mechanic removed the ecu and sent it away to be checked but it came back fine. I was able to use the car for a few weeks before the problem came back. I then returned it to the garage who had the car for a week or two before saying the problem had been resolved. The problem has since returned but the garage is now saying that since I removed the ECU and not them that my rights no longer cover me. Is this true?
Tron - 12-Sep-17 @ 5:03 PM
bazzar - Your Question:
I purchased a 2011 Vauxhall astra in may 2016 and it has now developed a nasty whine from the gearbox, the local vauxhall dealer checked it out and apparently it is a known fault for this gearbox but vauxhall have only offered to pay half the cost of replacing the box, do I have any rights to claim from the dealer I purchased the car from

Our Response:
Not really. You've had it for 18 months and we don't know how many miles you've put on the vehicle since purchase etc.
ConsumerRightsExpert - 8-Sep-17 @ 12:13 PM
I just bought a car two weeks ago the 14th gonna make it one month, since both it it's been acting up like it goes completely dead this morning I call the guy where I bought it at to fix it he said he can't fix it I'm gonna need to go to a mechanic, what should I do?
zuliej - 8-Sep-17 @ 4:29 AM
I purchased a 2011 Vauxhall astra in may 2016 and it has now developed a nasty whine from the gearbox, the local vauxhall dealer checked it out and apparently it is a known fault for this gearbox but vauxhall have only offered to pay half the cost of replacing the box, do I have any rights to claim from the dealer I purchased the car from
bazzar - 7-Sep-17 @ 1:03 PM
Hi I bought a 2010 nissan quasqui in july 2016 We have had it just over 12 months and the timing belt has snapped. I have been told these need replacing every 6 years which would mean the dealership should have replaced this on the service they did before they sold us the car in my opinion or atleast put it as an advisory on the service. This they did not. Would i have a claim against the dealership for not notifying me of this when i bought the car?
Neil - 6-Sep-17 @ 2:10 PM
Catj - Your Question:
I bought a Mercedes slk 2014 plate, 12 months ago. The roof has started leaking, I have returned it to Mercedes who have now told me that the seals are not covered by any warranty.Where do imstand with this? Is it acceptable for a 3 year old car to leak? The car has always been serviced by Mercedes, and now they are saying that I need to pay to repair the roof. I have challenged it saying that it is not fit for purpose. I have probably only opens the roof 20 times since I had the vehicle

Our Response:
It's probably worth challenging this, but you may have to do so via the legal system.
ConsumerRightsExpert - 6-Sep-17 @ 12:49 PM
Hi I bought a Citroen c4 2006 model from a garage about 4 months ago. It was advarised as with service history which I never recieved not even the log book. So the was advertised as good condition and with history and low miles, I might add 125 thousand miles not exactly low. Anyway I part ex my car for 200 and the car was 1400 to buy and he let pay over 6 months a 200 a month with. 500 deposit so that's a total of total of 1900 for the car and tea or was a high interest but I desperately needed a car. I still owe 400 but if started to notice parts of the car body is different colour and the laqa has started to peel of which he never mentioned and as I never got any service history and I suspect it's also been used as a taxi. This drops the value of the car. Also when I got the car the key fob was broken. Not sure what to do but definitely don't want to pay him the rest of his money.
Ml9980 - 6-Sep-17 @ 11:22 AM
Han17 - Your Question:
We part exchanged our volvo XC90 in against a Volvo V50 estate 3 weeks ago. Since then the message 'soot filter full- see owner manual' has been on 5 times! We don't have the manual but googled what to do. It said to drive at higher revs for 20 minutes at at least 60mph. I have contacted the garage we got it from but had no response. The vehicle came with a 3 month warranty (external) but surely this problem would have shown up previously and before sale to us. What are My next steps please?

Our Response:
Take it back to the dealer. Depending on the seriousness of the issue you could ask for a refund or simply get them rectify it. It might be a faulty code. It seems that some volvo diesels don't like lots of short journeys and need regular longer runs to keep the soot filter clear. If you had any discussion with your dealer about the kind of driving you would be doing, they should have informed of this at the time. That doesn't necessarily put the dealer at fault though. The dealer should: give you advice on what to, provide any necessary repairs free of charge, re-set any warning code systems if necessary etc. If you're not happy with this ask for a refund as it's still within 30 days of purchase.
ConsumerRightsExpert - 5-Sep-17 @ 10:48 AM
Paul - Your Question:
I've just bought a used Hyudai from a main dealer. 12000 one owner.The V5 arrived today and I was rather shocked to find that it's an ex hire vehicle.This was not disclosed to me at purchase. Have I the right to return the vehicle for a full refund ?Also after 13 miles the driver seat back jammed requiring a new seat under warranty.

Our Response:
Not necessarily. Did you ask about the previous owner at the time of purchase?
ConsumerRightsExpert - 5-Sep-17 @ 10:12 AM
I bought a Mercedes slk 2014 plate, 12 months ago.The roof has started leaking, I have returned it to Mercedes who have now told me that the seals are not covered by any warranty. Where do imstand with this?Is it acceptable for a 3 year old car to leak?The car has always been serviced by Mercedes, and now they are saying that I need to pay to repair the roof.I have challenged it saying that it is not fit for purpose.I have probably only opens the roof 20 times since I had the vehicle
Catj - 4-Sep-17 @ 7:44 PM
We part exchanged our volvo XC90 in against a Volvo V50 estate 3 weeks ago. Since then the message 'soot filter full- see owner manual' has been on 5 times! We don't have the manual but googled what to do. It said to drive at higher revs for 20 minutes at at least 60mph. I have contacted the garage we got it from but had no response. The vehicle came with a 3 month warranty(external) but surely this problem would have shown up previously and before sale to us. What are My next steps please?
Han17 - 2-Sep-17 @ 3:00 PM
I've just bought a used Hyudai from a main dealer. 12000 one owner. The V5 arrived today and I was rather shocked to find that it's an ex hire vehicle. This was not disclosed to me at purchase. Have I the right to return the vehicle for a full refund ? Also after 13 miles the driver seat back jammed requiring a new seat under warranty.
Paul - 2-Sep-17 @ 8:58 AM
We collected a 2013, Volvo V 60 today (Friday) from a second hand dealer dealing in former Company cars. I test drove the car on Wednesday this week, paid a deposit at the garage and the balance online that night. When we collected the car today we discovered that the inside of the plastic and metal of the drivers door and the door frame had been badly dented in several places as if a metal object had been shut in the door. There are no signs of damage with the door closed. I informed the manager and said I believed the damage had occurred since Wednesday. He said they had not noticed it and seemed embarrassed. He has promised to repair the dents in the metal and the plastic as best they can. Is this enough?
Rcat74 - 25-Aug-17 @ 11:22 PM
bought ford mondeo from garage in Rochdale for £1600 July 2016 . Advertised as in good condition with 1 month warrenty utch.After 2 weeks the clutchwent and car broke down. When back to garage and they said not covered by warrenty. It cost me £500 to fix.A few weeks after the alternator went. In March l this year it starting breaking down again problems with Turbo, Changed these about£100and then it broke down again. After many weeks in another garage, had to replace engine over £600. I contacted garage and they said nothing they could do. I emailed them several times with no response. Is there anything I can do now ? Cat now cost me £1200 I was going to take them to a county court but not suRe ifI WOULD BE SUCCESSFUL
johnywando - 24-Aug-17 @ 5:05 PM
Bri - Your Question:
I bought a mini two months ago , now the head gasket has gone but the garage showed me silver bits in the engine in which his opinion is that the seller knew it had gone and put some head gasket sealer in it just to sell it , but because it's been driven around like this the engine is totally broke and I have to spend 1800 on replacing the engine , the last owner must of known.

Our Response:
Was it a private sale? What was the description of the vehicle when you purchased it? Sorry there's not enough information on this for us to comment.
ConsumerRightsExpert - 22-Aug-17 @ 10:43 AM
I bought a mini two months ago , now the head gasket has gone but the garage showed me silver bits in the engine in which his opinion is that the seller knew it had gone and put some head gasket sealer in it just to sell it , but because it's been driven around like this the engine is totally broke and I have to spend 1800 on replacing the engine , the last owner must of known .
Bri - 19-Aug-17 @ 2:15 PM
Hi, I bought a bmw 2008 plate from a dealer, I've only had it 10 months & it is now not drivable, in the past 2 weeks I have needed new filters, plugs, (they said this was serviced last year, but there is no evidence of this) coils, lambda sensor & nox sensor.. I have emailed the company regarding these repairs and they haven't responded, have I any rights at all or am I just unlucky and all of these have broken at the same time??
Emma - 18-Aug-17 @ 2:17 PM
Jon - Your Question:
HiI bought a ford focus today, found the advert on facebook, the advert said it drives perfectly, and had a day old MOT. After driving it 70-80miles home I noticed faults with most of the car, the brakes, bad vibration through the car, knocking coming from the back, the trackings off, window fan not working and some of the bulbs are out when they hadn't been at the time of perches. The man who sold me the car didn't give me a receipt for the car, just the new keepers slip and the MOT but filled in his company's details on the registration docs for the car I part exchanged with him. From this information, do you think I will be able to obtain a refund from the business that purchased my car if I can prove that the MOT given with the car is void?Thanks in advance.

Our Response:
Did you buy from a trader or a private seller? It's not clear from the way you've described it.
ConsumerRightsExpert - 17-Aug-17 @ 12:56 PM
Hi I bought a ford focus today, found the advert on facebook, the advert said it drives perfectly, and had a day old MOT. After driving it 70-80miles home I noticed faults with most of the car, the brakes, bad vibration through the car, knocking coming from the back, the trackings off, window fan not working and some of the bulbs are out when they hadn't been at the time of perches. The man who sold me the car didn't give me a receipt for the car, just the new keepers slip and the MOT but filled in his company's details on the registration docs for the car I part exchanged with him. From this information, do you think I will be able to obtain a refund from the business that purchased my car if I can prove that the MOT given with the car is void? Thanks in advance.
Jon - 16-Aug-17 @ 1:08 AM
Han - Your Question:
Hi thereMy partner bought a Ford Focus end of March (so just over 4 months ago) from a Vauxhall garage. Yesterday the clutch appears to have gone. It's a 12 plate and has only done 51000 miles. He paid 7500 for it and it looks like the new clutch will be £600+ excluding labour. Does he have any rights considering the short space of time since buying it?Thanks in advance

Our Response:
Go back to the dealer - you're still within the 6 month period to be eligible for a repair or replacement assuming the fault can reasonably be expected to have been there at the time of purchase. If the vehicle has had most of its use/mileage in the time since you've owned it, the dealer may try and argue the case.
ConsumerRightsExpert - 15-Aug-17 @ 11:00 AM
- - Your Question:
Hi, I recently bought a used car from a used car trade dealer who advertised the car on autotrader. After inspecting the vehicle in person, it seemed in alright condition but had sat for a little while (brake disks were rusty). He had described it as good condition and engine didn't miss a beat but no docs with it as he was waiting for a replacement service book from Ford and would get it re-stamped with service history when it arrived. I purchased for £3540 after negotiating £455 off the asking price due to badly scuffed alloys, torn interior seating and minor bodywork damage. It's nearly 7 years old and has 74000 miles on the clock. Asked for a test drive and HE drove ME round the block. Either way, no noises or juddering or anything untoward as far as I could tell. I told him I would be commuting with it and he said he had done long journeys in it with no problem, so I bought it. He had it MOT'd the next day and I paid in full and drove home that day. On my way home, no more than an hour later, the car went into limp mode and "engine malfunction service now" appeared on centre console along with a yellow light on dash. I contacted him immediately and have not used the car since, except to take it to a garage for diagnostics. He is asking I don't take it to Ford specialists, but the garage says only ford can diagnose problem! I don't want to return the car, I just want it fixed, but seller doesn't want it taken to Ford! Is there anything I can do? Thanks

Our Response:
Please see the above article, you can reject this if it's not fit for purpose/faulty etc since it's still within 30 days of purchase. If the garage say it has to go to Ford for diagnostics testing then there isn't really a choice is there? There is an element of "buyer beware" here though too...as you say there were no documents with the vehicle and it had a bodywork damage.
ConsumerRightsExpert - 14-Aug-17 @ 2:32 PM
Rich - Your Question:
I have just purchased a second hand Hyundai from a Hyundai dealer. Within a day of having picked it up I noticed a problem with the clutch. Where do we stand? Should the dealer fix the problem?

Our Response:
Take it back if you were not told about a problem with the clutch when you bought it and/or did not notice this on a test drive, or when you inspected it prior to purchase. The above article gives more information.
ConsumerRightsExpert - 14-Aug-17 @ 11:02 AM
Hi there My partner bought a Ford Focus end of March (so just over 4 months ago) from a Vauxhall garage. Yesterday the clutch appears to have gone. It's a 12 plate and has only done 51000 miles. He paid 7500 for it and it looks like the new clutch will be £600+ excluding labour. Does he have any rights considering the short space of time since buying it? Thanks in advance
Han - 12-Aug-17 @ 7:11 PM
Hi, I recently bought a used car from a used car trade dealer who advertised the car on autotrader. After inspecting the vehicle in person, it seemed in alright condition but had sat for a little while (brake disks were rusty). He had described it as good condition and engine didn't miss a beat but no docs with it as he was waiting for a replacement service book from Ford and would get it re-stamped with service history when it arrived. I purchased for £3540 after negotiating £455 off the asking price due to badly scuffed alloys, torn interior seating and minor bodywork damage. It's nearly 7 years old and has 74000 miles on the clock. Asked for a test drive and HE drove ME round the block. Either way, no noises or juddering or anything untoward as far as I could tell. I told him I would be commuting with it and he said he had done long journeys in it with no problem, so I bought it. He had it MOT'd the next day and I paid in full and drove home that day. On my way home, no more than an hour later, the car went into limp mode and "engine malfunction service now" appeared on centre console along with a yellow light on dash. I contacted him immediately and have not used the car since, except to take it to a garage for diagnostics. He is asking I don't take it to Ford specialists, but the garage says only ford can diagnose problem! I don't want to return the car, I just want it fixed, but seller doesn't want it taken to Ford! Is there anything I can do? Thanks
- - 12-Aug-17 @ 9:37 AM
I have just purchased a second hand Hyundai from a Hyundai dealer. Within a day of having picked it up I noticed a problem with the clutch. Where do we stand? Should the dealer fix the problem?
Rich - 11-Aug-17 @ 12:14 PM
Julie - Your Question:
We brought our car two years ago, it was only 18 months old and brought from Vauxhall. Our car went out of warranty last year but the car it's self has only done 53000 miles.The gear box has gone, I phoned Vauxhall and to,d them the car was jointed, I was told to drive it and let it do a manual clean which I did but it made no difference, I then took it back to Vauxhall who change the transmission fluid and I paid for that but I received the car back and it was worse with jointing and making noises. I was then told by Vauxhall my gearbox has gone.Where do I stand on getting Vauxhall to pay for the new gearbox as a gear box should not be going at 53000 miles.

Our Response:
A gear box would normally be expected to last for a bit longer than that, although there are known issues with some Vauxhall gearboxes giving up earlier than expected (but they seem to be on cars made before yours - pre 12 reg etc). You could try the dealer from whom you bought it - but the onus would be on you to prove that the fault was there at the time of purchase and is not due to wear/tear/driving style etc (get an independent mechanic to help with this). You could alsotry writing to Vauxhall and saying how disappointed you are that their gearbox has only lasted this amount of time...if you do some research it might be useful if you could find an average life expectancy and also information about any other failures of this type of gearbox. Ask them for a contribution to the cost of replacing the gearbox.
ConsumerRightsExpert - 9-Aug-17 @ 10:48 AM
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