When it comes to buying a used car, it’s really important to understand your rights. Whether you’re buying from a dealer or a private seller, knowing what you are legally entitled to (and what you’re not) can help you avoid problems and buy with confidence
Your legal rights under the Consumer Rights Act 2015
The Consumer Rights Act 2015 is a law that protects buyers from being sold cars and other goods that don’t fit their description or are not of satisfactory quality. If a used or new car is faulty, not as described, or unfit for purpose, the Act makes it possible to return the car and receive a full refund within the first 30 days of purchase.
It’s important to note that the Consumer Rights Act only applies to used cars bought through dealerships or other professional outlets.
Short-term right to reject
The short-term right to reject is a provision under the Consumer Rights Act that’s vital for addressing faults that existed (but weren’t disclosed) at the time you bought the car.
The short-term right to reject gives you 30 days in which to return the car and receive a full refund if it’s not as described, unsatisfactory or generally unfit for purpose. The 30-day period begins from the date you purchased the car or the date of delivery, whichever is later. If a fault occurs after 30 days but within six months, you can request a repair or replacement.
If, after six months, a fault is discovered, it’s your responsibility to provide evidence that the fault was present when you bought the car.
Thanks to the Consumer Rights Act 2015 you have substantial protections – and peace of mind – when buying a used car from a dealer. It’s also a good idea to check if any dealership you are considering is accredited to the Motor Ombudsman or registered with the Financial Conduct Authority (FCA) so you can be sure they are trustworthy and reputable.
If you buy a car from a private seller, however, you have fewer rights and legal protections – the Consumer Rights Act does not cover private sales – so the onus is on you to be cautious and vigilant.
What does ‘sold as seen’ mean?
Some goods from private sellers – including used cars – are advertised as ‘sold as seen’. This means that the buyer is buying the car in its current condition, with no guarantees or warranties in place to confirm its quality or reliability. The principle of ‘buyer beware’ applies here: it is up to you to proactively inspect and assess the car before agreeing to the sale.
You do have some rights, though: namely, the right to receive the car ‘as described’. If the car has a major fault that the seller has tried to conceal, then you have a legal right to a refund. If this happens, contact the seller and ask for compensation.
Online marketplaces and your distance selling rights
If you buy a car from an online showroom, you have exactly the same rights (i.e. those set out in the Consumer Rights Act) as you have if you buy face-to-face at a walk-in dealership.
On top of that, you are also legally entitled to reject a vehicle for any reason within 14 days of delivery from any online marketplace – including those that host private sales, such as Autotrader or Facebook marketplace – and receive a full refund.
Remember: private sales are not covered by the Consumer Rights Act – it is up to you to exercise caution – but you are entitled to return the car no-questions-asked within 14 days for a full refund if you buy it online.
However you decide to buy a second-hand car, the paperwork you’ll need to receive is the same. Make sure you are given:
The V5C logbook
An MOT certificate
Service history and receipts
Finance clearance confirmation (i.e. an HPI check report, or similar comprehensive vehicle check)
You can read more about all the paperwork you’ll need and what it all means in our dedicated guide ‘What documents should I get when buying a used car?’.
If you are buying from a dealer, they should sort all of this out for you – but make sure they show you all the documentation before you agree to the sale. If you are buying privately, you will need to do the following yourself:
Ask for a full service history and check in with the garage if necessary.
Confirm registered keeper details with the DVLA.
Check the car’s MOT history – this is quick and easy to do online via the DVLA – for any advisories or previous issues.
Run an HPI check to verify the car hasn’t been previously written off or has any finance outstanding.
Have a read of our guide What to look for when buying a used car for more about the checks you’ll need to make.
Can you return a used car?
This will depend on whether you bought through a dealer or a private seller.
If you bought through a dealership in person, online or over the phone, you are protected by the Consumer Rights Act 2015 and can return the car within 30 days if it is faulty, not fit for purpose or not as described. You are entitled to a full refund during the 30-day period. You cannot ask for a refund if you’ve simply changed your mind – there must be a demonstrable issue with the car.
If you bought a car via a distance sale online or over the phone, you have 14 days from receipt of the car to cancel the order and receive a full refund. You don’t have to provide a reason.
If you bought a used car privately and you find a major fault, you could be entitled to a refund – but you’ll need to prove that the seller misrepresented the car or concealed the issue. If that is the case, contact Citizens Advice or a solicitor as you may need to take the matter to a small claims court. It’s vital to keep hold of your sales receipt and proof of purchase in case any disputes arise.
What can I do if I discover a fault?
If you discover a fault with your new pre-loved car: stop using it to avoid worsening the issue and talk to the seller as soon as possible.
If you bought via a dealership or online showroom, you have the right to a full refund within 30 days. If you find a fault outside of the 30-day window, you have the right to a repair or replacement within six months of purchase.
If you find a fault after six months have passed, it is up to you to prove that the fault was present at purchase. If you can prove that it was, you are then legally entitled to a replacement or a repair.
If you bought your car privately and you believe you have been mis-sold the vehicle, gather all communication (emails, texts) and sales documents (proof of receipt, MOT certificate, service history, etc) together and contact the seller explaining your concerns. You might be pleasantly surprised at how responsive they are.
If the seller – private or otherwise – is uncooperative or refuses to engage, contact the Motor Ombudsman or Citizen’s Advice for next steps.
Always inspect the car in daylight. Check the exterior (paintwork, panels, tyres, windows, lights) and the interior (seats and seatbelts, dashboard, floor) for any damage or wear.
Take it for a test drive! If you can, take the car for a spin to get a feel for its handling, engine performance, braking and overall performance. If a test drive isn’t an option as you’re buying online, make sure that you give it a thorough inspection on delivery and know that you have 14 days to return it if there are any problems.
Check all paperwork and service history thoroughly. If you’re planning on buying from a dealer, check their online reviews for recent customer experiences, and check for trade association memberships. If you’re buying from a private seller, make sure that the seller’s ID and V5C details match the address.
Use an independent vehicle inspection. If you’re not confident or you’d just like extra peace of mind, get a qualified mechanic to assess the car’s condition before you buy it.
Run a comprehensive vehicle check to confirm ownership and rule out any major issues.
Other laws protecting used car buyers
If you paid for your used car with a credit card, you may also be covered by section 75 of the Consumer Credit Act 1974. Essentially, this means that your credit card company may be jointly responsible along with the seller for compensating you should something go wrong with the car.
The Misrepresentation Act 1967 exists to protect buyers from false descriptions or claims, deliberate or unintentional, that entice them into entering a contract. This law means that you could be entitled to compensation if you have been sold a car through misrepresentation.
The Sale of Goods Act 1979 applies to goods and services bought before September 2015. It has largely been replaced by the Consumer Rights Act 2015.
Financing a used car safely
Buying a used car with finance through a reputable lender is typically a very safe process. Many lenders only work with approved dealerships, and most will offer warranties for added security.
Compare the interest rates and contractual terms of different providers before you enter into the finance agreement, and check that any lender you’re considering is FCA accredited.
Do I have the same rights when buying from a dealer online?
Yes, you do! You are protected by the Consumer Rights Act 2015, meaning that the car must be as described, fit for purpose and of satisfactory quality. In most cases you should also get a 14-day cooling off period under distance selling rules.
Can I buy a used car without a service history?
You can, but this may be a risky decision. Without a service history the roadworthiness of the car is completely unknown and you could be exposing yourself to serious problems. It could also affect any future resale value. Make sure you have a mechanic give the car a thorough inspection to rule out hidden issues.
Is a receipt legally required when buying a used car?
While a receipt is not a legal requirement, it is strongly recommended, as it provides protection for both buyer and seller.
Will missing documents affect my ability to finance a car?
Most lenders prefer well documented vehicles as they represent less risk. Always ask for full paperwork when you are buying any car, be it from a private seller or a dealership.
How can I tell if a used car has outstanding finance?
Running an HPI check, or another comprehensive vehicle check, will tell you if there is any finance left to pay on any used car. It will also flag if the car has been previously written off, or if it is recorded as stolen or scrapped. The HPI check will protect you from fraud and from being mis-sold a car that’s not roadworthy. It’s always worth running one.
