Buying a Used Car: Your Rights

Buying a Used Car: Your Rights

A used car is rarely a risk-free purchase. Whether you are looking at a nearly-new model with a full service history or a high-mileage runaround, there is always some uncertainty about how the previous owner treated it. Knowing where you stand legally before you hand over any money can save a good deal of trouble later on.

Your rights depend largely on who you buy from. The same fault in the same car can leave you with strong protection or very little, depending on whether the seller was a trader or a private individual.

Buying From a Dealer

Buying from a dealer is usually the safer route. When you buy from a business, the Consumer Rights Act 2015 applies. This means the car should be of satisfactory quality, fit for purpose and as described. "Satisfactory quality" takes into account the age, mileage and price of the vehicle, so you cannot expect a ten-year-old hatchback to perform like a new one, but it should still be roadworthy and free from significant faults that were not pointed out to you.

When choosing a dealer, it helps to look for:

• An established business with a physical address you can visit
• Good independent reviews online
• Membership of a recognised trade body such as the National Franchised Dealers Association, the Retail Motor Industry Federation or, in Scotland, the Scottish Motor Trade Association
• A clear written description of the car, including mileage, service history and any known faults

Recommendations from family and friends are often a sensible starting point. Trade association websites also list their members and the codes of practice they sign up to.

Checking the Car Before You Buy

A reputable dealer should be able to show you the V5C registration document (log book), which lists the registered keepers, the date of first registration and other basic details. The V5C does not tell you how the car has been driven or maintained, but it is a useful starting point.

Before buying, it is worth running a history check through one of the established providers. These can flag outstanding finance, write-offs, mileage discrepancies and whether the vehicle has been reported stolen. You can also use the free MOT and vehicle tax checker on GOV.UK to see the MOT history, recorded mileages at each test and any advisories.

For anything other than the cheapest cars, an independent inspection through the AA, RAC or a local trusted mechanic is usually money well spent. The cost is modest compared with the price of the vehicle.

Car Purchase Rights Checker

Bought a faulty car? Find out exactly where you stand legally. Takes 1 minute.

Try our Car Purchase Rights Checker free, here on this site →

Your Rights If Something Goes Wrong

If you buy from a dealer and a fault appears, the Consumer Rights Act 2015 gives you a short-term right to reject the car within 30 days of purchase if it does not meet the standards above. You can ask for a full refund during that period.

After 30 days, and up to six months, the dealer is usually entitled to one attempt to repair or replace the car. If that does not put things right, you may be able to reject the vehicle, though the dealer can make a deduction for the use you have had from it. After six months, the burden shifts to you to show the fault was present at the point of sale, which often means getting an independent report. There is more detail on this in our guide on what to do if a just-bought car breaks down.

Normal wear and tear from everyday use is generally not treated as a fault under the Act, and neither are problems the dealer specifically drew to your attention before sale.

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Private, Online and Auction Sales

Private sales offer much weaker protection. The Consumer Rights Act does not apply in the same way. The main legal requirement is that the car is "as described". If the advert says full service history and there is none, or the seller claims one owner when there have been five, you may have grounds for a claim. Beyond that, the principle of "buyer beware" largely applies. Inspect the car carefully in daylight, ideally at the seller's home address (which should match the V5C). Be wary of meetings in car parks or lay-bys, which can be a sign of an unregistered trader posing as a private seller.

Buying a used car at distance, for example through an online-only retailer, brings the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 into play. These usually give you 14 days to cancel a distance purchase from a business, though you may be responsible for return costs. Check the seller's terms before committing.

Auction purchases tend to come with very limited rights. Read the auction house's conditions carefully, as many faults and discrepancies that would normally give you protection are excluded.

How You Pay Matters

The payment method can make a real difference if things go wrong:

• Paying any part of the price (more than £100 and up to £30,000) on a credit card brings Section 75 of the Consumer Credit Act 1974 into play, making the card provider jointly liable with the seller for breach of contract or misrepresentation. Even a small deposit on the card can be enough.
• Debit card and most e-money payments are not covered by Section 75, but you may be able to use the Visa or Mastercard chargeback scheme. This is a scheme rule rather than a legal right, and time limits are tight.
• Bank transfers offer no built-in protection if the seller refuses to put things right, though banks do have obligations around authorised push payment fraud.

If you are weighing up a used purchase against something newer, our guide on buying a new car sets out the different position you are in when the vehicle is fresh from the manufacturer.

If You Hit a Problem

If something goes wrong, a clear step-by-step approach gives you the best chance of a quick resolution:

• Put your complaint to the dealer in writing, setting out the fault and saying what you want them to do (repair, replacement or refund).
• Keep copies of all correspondence, receipts, adverts and any inspection reports.
• If the dealer belongs to a trade body, ask whether a free conciliation service is available.
• Consider The Motor Ombudsman, which handles disputes involving its accredited businesses.
• For unresolved disputes, the small claims track of the county court is an option for lower-value claims.

For up-to-date guidance on procedures, time limits and money thresholds, check GOV.UK or Citizens Advice, as figures and processes are updated from time to time.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Car Purchase Rights Checker lets you bought a faulty car? Find out exactly where you stand legally. Takes 1 minute. Try it now →