Faulty Used Car Rights UK: Dealer vs Private Sale

Whether you have any real protection over a faulty used car depends almost entirely on who sold it to you. Buy from a dealer or an online trading platform and the Consumer Rights Act 2015 applies in full. Buy privately and you are largely on your own.

Why It Matters Who You Bought the Car From

The Consumer Rights Act 2015 is a trader-facing law. It gives you rights against a business you buy from, including a car dealer, a garage selling part-exchange stock, or a used-car platform, but it says nothing about a sale between two private individuals. That single distinction decides almost everything else in this guide, so work out which category your seller falls into before relying on anything below.

Buying From a Dealer or Trader: Full Consumer Rights Act Protection

If you bought from a business, the car must meet three statutory standards under the Consumer Rights Act 2015: it must be of satisfactory quality (section 9), fit for its purpose (section 10), and as described (section 11), taking into account its age, mileage and price. A used car is not expected to be perfect, but faults that go beyond fair wear and tear for its age and price, or that were not disclosed, can breach these standards.

Your remedies are tiered by time:

• Within 30 days (section 22): you have a short-term right to reject the car for a full refund. This clock cannot be shortened by the dealer, and it pauses if you ask for a repair during the 30 days.
• After 30 days (section 23): the dealer gets one opportunity to repair or replace the fault. If that repair fails, is impossible, or is disproportionate, the final right to reject (section 24) then applies.
• First 6 months (section 19(14)): a fault that appears is presumed to have been present at the time of sale, so the dealer has to prove otherwise rather than you having to prove the fault was already there. After 6 months, that burden shifts to you.

Cars are a specific exception to the usual "no deduction in the first 6 months" rule that applies to other goods. Once you are using the final right to reject, a fair deduction for the use and mileage you have had from the car can be taken off your refund even within the first 6 months, unlike most other goods, reflecting the fact that a car depreciates and is used differently. This does not apply to the 30-day short-term right to reject: if you reject a dealer car within that 30-day window, you are entitled to a full refund with no deduction for use or mileage.

A trader cannot contract out of any of this. A "sold as seen", "trade sale, no warranty" or "no refunds" sign has no legal effect against a business seller, because section 31 of the Act makes any term that tries to exclude these rights void. If a dealer relies on such wording to refuse a claim, it is simply wrong in law.

Buying Privately: Buyer Beware

If you bought from a private individual, for example through a classified ad or a private listing on a marketplace site, the Consumer Rights Act 2015 does not apply at all. The sale is instead governed by the older Sale of Goods Act 1979 on a "buyer beware" (caveat emptor) basis. There is no requirement that the car be of satisfactory quality or fit for purpose in a private sale.

Your main protections are that the car must match its description and the seller must have the right to sell it (sections 13 and 12 of the Sale of Goods Act 1979), and that the seller must not misrepresent it. If the seller lied about something material, most commonly the mileage, whether it has been in an accident, or its service history, that can amount to misrepresentation, potentially giving you a claim for damages or, in serious cases, to unwind the sale. In England and Wales the Misrepresentation Act 1967 governs this claim; Northern Ireland has its own equivalent Act, and Scotland has its own rules. But if the seller genuinely did not know about a fault and made no false claims about the car, you generally have no statutory right to a refund, repair or replacement at all.

This makes pre-purchase checks far more important for a private sale than for a dealer purchase. Before you buy privately:

• Get a vehicle history check (mileage, outstanding finance, write-off and stolen-vehicle records)
• Have the car independently inspected if you are not confident assessing it yourself
• Ask to see the service history and V5C logbook, and check the seller's name matches it
• Get any claims the seller makes, such as mileage or accident history, in writing or in the advert, since that written record is what a later misrepresentation claim would rely on

Dealer vs Private Sale at a Glance

Steps to Take If Your Dealer Car Is Faulty

1. Stop driving the car if the fault is a safety issue, and get evidence: photos, dated notes, and if possible an independent mechanic's report.
2. Contact the dealer promptly and explain the fault. Keep a written record of every call and message.
3. If you are within 30 days of taking ownership and want your money back, reject the car in writing, stating you are exercising your short-term right to reject under the Consumer Rights Act 2015. Keep proof of the date you took ownership, since that is what starts the clock.
4. If you are outside 30 days, or you would rather keep the car repaired, ask the dealer for a repair or replacement. They only get one attempt; if it fails, you can then insist on the final right to reject.
5. If you bought on hire purchase or PCP, the finance company supplied the car to you, so make your complaint, or reject the car, to the finance company rather than only the dealer. If you paid by credit card or with a loan the dealer arranged with a separate lender, section 75 can make that lender jointly liable with the dealer. See our guide to section 75 claims for how credit card protection works, including when only part of the price went on the card.
6. If the dealer refuses to help, ask about their Alternative Dispute Resolution (ADR) scheme, which many dealer groups and trade bodies belong to. If that fails, the small claims court is the backstop; see our guide to the small claims court.
7. Get free advice from the Citizens Advice consumer service on 0808 223 1133 in England and Wales, Advice Direct Scotland on 0808 164 6000, or Consumerline on 0300 123 6262 in Northern Ireland if you are unsure of your position at any stage.

For the general step-by-step process that also applies to other faulty goods, see our guide to faulty goods and refund rights.

Buying on Finance or PCP

Many used cars are bought on hire purchase or Personal Contract Purchase (PCP) rather than outright. Where any part of the price was paid on a credit card, or with a loan the dealer arranged with a separate lender, and the car's cash price was over £100 and not more than £30,000, section 75 of the Consumer Credit Act 1974 makes that lender jointly responsible with the dealer for a breach of contract or misrepresentation, so you can pursue the lender directly rather than only the dealer. A car with a cash price above £30,000 falls outside section 75, though if you paid with a loan the dealer arranged (not a credit card) and borrowed no more than £60,260, section 75A can let you claim against the lender once you have tried the dealer without success; chargeback may also be worth trying. Under a hire purchase or PCP agreement itself, the finance company is the supplier of the car, so your Consumer Rights Act 2015 rights, including the 30-day right to reject, are against the finance company rather than the dealer. Because you do not own the car until the agreement ends, the 30 days run from when you get the car. Complain to the finance company in writing, and if it rejects your complaint you can take it to the Financial Ombudsman Service for free. Our section 75 claim guide covers the mechanics, including the £100-£30,000 band and the part-payment rule.

Time Limits

In England, Wales and Northern Ireland you generally have up to 6 years to bring a claim over a faulty car (5 years in Scotland). In practice, you should act as soon as a fault appears. Acting within 6 months of a dealer sale keeps you inside the presumption that the fault was already there, and delay of any kind makes it harder to show a fault, rather than ordinary wear, was present when you bought the car.

Getting Help

For general consumer advice on a used car problem, the Citizens Advice consumer service (0808 223 1133; 0808 223 1144 in Welsh) in England and Wales, Advice Direct Scotland (0808 164 6000) or Consumerline in Northern Ireland (0300 123 6262) can talk you through your options for free, whether you bought from a dealer or privately. See the full Consumer Rights Act 2015 guide for how these rights apply to goods generally, and the UK consumer rights hub for the wider cluster, part of our guide to United Kingdom law.

This article is general information about consumer rights in the United Kingdom, not legal advice. Whether a particular fault breaches the Consumer Rights Act 2015, or a particular statement amounts to misrepresentation, depends on the facts of your case. For advice on your specific situation, contact the Citizens Advice consumer service or a qualified solicitor.

Frequently Asked Questions

Do I have the same rights buying a used car from a dealer as buying a new one?

Largely yes. The Consumer Rights Act 2015 applies to used cars bought from a dealer or trader just as it does to new ones, though what counts as satisfactory quality takes the car's age, mileage and price into account, so some wear consistent with those factors is expected.

What is the 30-day right to reject a faulty used car?

If a dealer car develops a fault within 30 days of you taking ownership, you can reject it in writing for a full refund under section 22 of the Consumer Rights Act 2015. The 30 days pauses if you ask for a repair during that window, and cannot be shortened by the dealer.

What happens if a fault appears after 30 days?

The dealer gets one opportunity to repair or replace the car. If that repair fails, is impossible, or is disproportionate, you can then use the final right to reject under section 24. A fair deduction for your use of the car can be taken off any refund.

Does 'sold as seen' mean I have no rights if I bought from a dealer?

No. Section 31 of the Consumer Rights Act 2015 makes any term that tries to exclude your statutory rights void against a trader, so a 'sold as seen' or 'no refunds' sign has no legal effect if the seller is a business.

Can I get my money back for a faulty car I bought from a private seller?

Only in limited circumstances. The Consumer Rights Act 2015 does not apply to private sales, so there is no satisfactory-quality or fit-for-purpose protection. Your main option is a misrepresentation claim if the seller lied about something like the mileage or accident history.

What counts as misrepresentation in a private car sale?

A false statement of fact that induced you to buy, most commonly a falsified mileage reading, a false claim the car has not been in an accident, or an invented service history. Genuine faults the seller was unaware of and made no false claims about are not misrepresentation.

I bought the car on finance or PCP. Can I claim from the finance company?

Yes. Under hire purchase or PCP, the finance company is the supplier of the car, so your Consumer Rights Act 2015 rights, including the 30-day right to reject, are against it rather than the dealer, and you can take a complaint it rejects to the Financial Ombudsman Service for free. If you instead paid by credit card, even for part of the price, or with a loan the dealer arranged with a separate lender, and the car's cash price was over £100 and not more than £30,000, section 75 makes that lender jointly liable with the dealer.

What should I do before buying a car privately?

Get a vehicle history check for mileage, outstanding finance and write-off records, have the car independently inspected if possible, check the V5C logbook matches the seller, and get any claims about mileage or history in writing before you pay.

What if the dealer refuses to sort out a fault?

Ask whether they belong to an Alternative Dispute Resolution scheme and use it. If that does not resolve things, the small claims court is the backstop for claims up to its limit. Citizens Advice (0808 223 1133) in England and Wales, Advice Direct Scotland (0808 164 6000) or Consumerline (0300 123 6262) in Northern Ireland can advise on your options for free at any stage.