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Consumer rights when buying a used car

Do you know your consumer rights when buying a used car? If you buy a second-hand car that turns out to be faulty, there are laws in place to protect you and your money. But your rights depend on whether you bought the car from a dealer, private seller or at auction.

Do you know your consumer rights when buying a used car? If you buy a second-hand car that turns out to be faulty, there are laws in place to protect you and your money. But your rights depend on whether you bought the car from a dealer, private seller or at auction.

Written by
Julie Daniels
Motor insurance expert
Last Updated
16 JULY 2024
7 min read
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What are my rights when buying a used car?

Your consumer rights when buying a used car entitle you to a repair or refund if something goes wrong with it.

The resolution you can expect will depend on:

  • Where and when you bought the car
  • Whether you bought the car online
  • What the fault is
  • Whether you knew there was a problem when you bought the car
  • How long you’ve had the vehicle.

Unless you bought the car online, you can’t just reject it because you’ve changed your mind.

If you did buy the vehicle online, however, you can return it within your 14-day cooling-off period.

Citizens Advice has a handy tool for checking your consumer rights when buying a used car. You just need to provide the date you bought the car and whether it was a private or dealership sale.

Problems with a car bought from a dealer

Your consumer rights when buying a car from a dealer are more straightforward than a private sale. If your second-hand car proves unfit for purpose, you have the right to return it within 30 days under the Consumer Rights Act 2015. This means you’re entitled to a full refund, repair or replacement.

When buying a used car from a dealer, the car must:

  • Be fit for purpose – for example, if you asked for a car that could tow a caravan, it must be able to do that.
  • Be of satisfactory quality – for a used car, this takes into account the car’s age and mileage.
  • Match its description – equipment/specs listed in the advert must be accurate.

If the car has any known defects, the dealer must make you aware of them before you buy it.

How long do you have to return a faulty car to a dealer?

Technically, you have up to six months from when you bought it to return a faulty used car to a dealership for repair or replacement. However, you’re not automatically entitled to a refund once the first 30 days have passed.

Under the Consumer Rights Act 2015, if a fault occurs between 30 days and six months after the car is delivered – or collected – from a dealer, the retailer has one attempt to repair or replace it. Normally, they’ll choose the most cost-effective option.

It’s also worth noting that the dealer won’t be liable to repair or replace the car if they can prove the fault developed after the car was purchased.

If the dealer repairs or replaces the vehicle and it fails again due to the same issue, you’re entitled to get your money back – minus any ‘reasonable’ reductions for usage and mileage.

After six months, it will be up to you to prove there was a problem with the vehicle when it was sold to you.

Technically speaking, you have up to six years (five in Scotland) to exercise your consumer rights if you’ve bought a used car from a dealer and it has problems.

But, as time goes on, it gets more and more difficult to prove that a problem isn’t down to normal wear and tear, especially with an older car.

Problems with a car bought privately

Your consumer rights when buying a used car privately can be a lot more complicated than if you bought through a dealer. Although it could save you a few quid initially, buying from a private seller is one of the riskiest ways to buy a car.

These are your rights when buying a used car from a private seller:

  • The seller must have the legal right to sell you the vehicle.
  • The car must match the seller’s description – an advert can’t say ‘one previous owner’ if it’s had several.
  • The car must be roadworthy and safe to drive on public roads – it’s a criminal offence for someone to sell you an unroadworthy car, unless you’re fully aware of its condition.

If the car isn’t as described, you have the right to ask the seller for a refund. If the seller refuses, you may be able to take them to the small claims court to get your money back. It’s not guaranteed that you’ll win, however.

What should I check before I buy a car through a private seller?

Before you buy a car from a private seller, take it for a test drive. Check that everything is working properly, including all the electrics and mechanics. You’ll need to make sure you have car insurance before you take it for a spin. Temporary car insurance can give you cover for as little as one hour.

A few key things to look out for are:

  • Mileage and age – are these consistent with the seller’s advert?
  • Signs of extensive repairs – such as inconsistencies in colour or gaps between panels
  • Tyres – are they all in roadworthy condition (more than 3mm of tread)?
  • Warning lights – are any lights indicating a fault?
  • Brakes – are they in good working order with no unusual braking sounds?
  • Engine – any unusual noises or excessive exhaust emissions? Does the clutch feel normal?
  • Locks and windows – do they operate properly and are there any signs of forced entry?

You should ask for a receipt that confirms the sale and details any known defects that you’re happy to accept. This makes it easier to prove that the car was mis-sold, if necessary.

Beware, also, of dodgy dealers masquerading as private owners so they can offload faulty or stolen cars. Always meet them at their home address – so if something goes wrong you have a record of where they live – and check to see if their ID and the log book addresses match.

Read our used-car buying guide for advice on what to look out for if you’re in the market for a second-hand vehicle.

Problems with a car bought online 

With the online car sales market worth an estimated £3.4bn and growing, it’s more important than ever to know your consumer rights when you buy online.

If you’re buying from an online dealer, you have the same rights as if you were buying in person. You’re also entitled to a cooling-off period under the Consumer Contracts Regulations 2013.

This means you have the right to cancel your order within 14 days of buying the car. You then have a further 14 days to return it, and you should get a full refund within a fortnight of the dealer receiving your car.

If you’re buying a car from a private seller online, your legal rights are the same as if you bought it from a private seller in person.

Top tip

Take a screenshot of the online listing so you have a record of how the car was described when you bought it. That way, you have evidence if there’s a dispute further down the line.

Problems with a car bought at auction

Once you’ve bid on a car at auction, you can’t undo it. So, it’s worth knowing your consumer rights when buying a used car this way, should it turn out to be faulty.

Like buying privately, buying a used car at auction is one of the riskiest ways to purchase a vehicle. You may not have any rights under the Consumer Rights Act, because the car is considered ‘sold as seen’.

You might get a car at a knockdown price, but it’s on the understanding that liability is removed after the sale. Before bidding, always check the terms and conditions of the auction house.

What can I do if I discover a fault?

If you discover a fault and you bought the car from a dealership, contact them as soon as possible. If they offer to fix the problem, make sure they don’t charge you – they’re obliged to attempt a repair for free. Keep a record of conversations and correspondence, and get all verbal agreements in writing.

If the retailer doesn’t agree there’s a problem and you can’t reach a satisfactory solution, your next step is to contact the Motor Ombudsman on 0345 241 3008. It offers free independent advice to help resolve disputes in the motor trade.

If you bought the car from a private seller, you can ask them to pay for repairs. Just be aware that negotiations might be tricky.

If all else fails, you may be able to take your case to the small claims court for a breach of Trading Standards law. It’s worth weighing up the time and expense of going down this road, though – especially since a win isn’t guaranteed.

Your consumer rights for buying a used car at auction are limited. That’s why it’s vital to check the terms and conditions of the auction house before you start bidding.

Frequently asked questions

What happens if you paid for a used car with your credit card?

If you paid for some or all of your car with a credit card, you may have some protection under Section 75 of the Consumer Credit Act

If you paid with a debit card, you might be able to claim a refund from your debit card provider through the chargeback scheme. But neither option guarantees you your money back.

What is classed as a fault in a used car?

Although there’s no exact legal description, a faulty used car is generally considered to be a vehicle that’s damaged, unroadworthy or doesn’t match the original description you were given.

Minor issues, like a broken stereo or scratched paintwork, aren’t generally deemed significant enough to reject a car under the Consumer Rights Act.

Dealers also aren’t liable for faults caused by ‘fair wear and tear’. For example, if brake pads or tyres need replacing after the car’s been used for a long time.

Will my warranty cover me instead?

If your used car is relatively new and came with a warranty or guarantee – or you paid extra for one – you might be able to resolve any issues this way.

But make sure you read the terms and conditions carefully, so you understand what’s covered and what’s not. You may also need to get the fault fixed by an approved garage.

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