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 only real protection is that the car must be as described, and free of misrepresentation. 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 under the Misrepresentation Act 1967, potentially giving you a claim for damages or, in serious cases, to unwind the sale. 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 paid on a credit card, or bought on finance such as hire purchase or PCP, bring the finance company into your complaint alongside 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 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, and the car's cash price was over £100 and not more than £30,000, section 75 of the Consumer Credit Act 1974 makes the card issuer jointly responsible with the dealer for a breach of contract or misrepresentation, so you can pursue the card company directly rather than only the dealer. A car with a cash price above £30,000 falls outside section 75 altogether, though chargeback may still be worth trying. Under a hire purchase or PCP agreement itself, the finance company legally owns the car until the agreement ends, so it is also worth including them in any complaint about the car's condition. 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) 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.