Your rights when buying a used car

Buying a car is one of life's major purchases. So before you even start looking it's worth knowing your rights. In this guide, we'll talk through everything you need to know to help you feel prepared for your car search.

What are your rights when buying a used car?

That depends on whether you bought the car from a dealer or a private seller.

If you buy a car from a dealer you should be covered by the Consumer Rights Act 2015. The act gives you more legal protection if you've bought from a dealer. You can get a refund if the car is faulty within the first 30 days of ownership. If you buy online or at a distance, you may also have a 14-day cooling-off period. We'll go into more detail on this in a minute.

You have fewer rights if you buy from a private seller, whether in person or online. It can carry more risk than buying from a dealer, but the car still has to meet certain criteria. For example, it should be roadworthy. We’ll cover this later in the guide.

Your rights when buying a used car from a dealer

The Consumer Rights Act 2015 should cover you if you’re buying from a dealer or other business.

The act also applies to repair work. So if your car was in for a service or repair and the work isn’t done properly, you can ask the garage to do it again. If that doesn’t fix the problem, you may be able to ask for a price reduction.

According to the act, cars must be:

• Satisfactory quality: The car shouldn’t be faulty or broken when you buy it. And it should be a standard you expect. For example, an older car with more mileage won’t be as good as a newer model. But both cars should still be roadworthy, and the dealer should reflect this in the price of the car.
• Fit for purpose: If you tell your car dealer that you want the car to pull a caravan, the car you’re sold should be able to do this. The car should be fit for the purpose you’re buying it for.
• As described in the advert: Dealers may fix issues with a car before selling it. But if there are any scratches or dents, they should be listed in the advert, or the dealership should let you know in person.

If the car doesn’t meet these criteria, you’re normally entitled to reject it and get a full refund within 30 days.

Sounds simple? It’s not always this straightforward. Some dealers may refuse to give you a refund. In this case you might need to take them to court, which can be costly.

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

If you notice a fault, you’ve got 30 days to reject the car and get a full refund. After that, you still have rights.

If a fault appears within six months of buying the car, you may be able to ask the dealer to repair or replace it. During this time, the dealer may have to show that the fault wasn’t there when they sold you the car. If the dealer told you about the fault before you bought, or you could reasonably have seen it, you probably won’t be able to claim.

You have to give the dealer one chance to fix the fault. If the repair or replacement doesn’t work, you may be able to ask for a price reduction, or to reject the car and get a refund. The dealer may deduct something for the use you’ve had from the car.

If you find a fault after six months, it’s down to you to show that the fault was there when you bought the car. You might need a professional to examine it.

Some used car dealers offer a guarantee or warranty for an additional fee. You don’t have to take this out, but it’s something to consider. 

Your rights when buying a used car privately

You have fewer rights when you’re buying a car privately. It can carry more risk than buying from a dealer, even if you might save a bit of money. You’ve got some rights when buying a car privately though:

• The seller must have a legal right to sell you the vehicle.
• It must match the seller's description, for example the mileage must match the advert.
• The car should be roadworthy and safe to drive, though there can be exceptions, such as a car that’s clearly being sold for parts or repair.

If you find the car doesn’t meet these conditions, you may be able to ask for a refund. You can take the seller to small claims court if they refuse, but this could be costly and there's no guarantee you'll win.

Pro tip: Keep details of the adverts, for example take a screenshot. That way, you've got evidence of the condition of the car when it was sold.

What should I check before I buy a car privately?

Here's what you should check before buying a used car:

• MOT history - you can do this with our MOT checker tool
• Tax - use our tax checker tool for this
• Windscreen - check for cracks or chips
• Tyres - check the car's tyres for cuts, bulges, and the tread depth
• Gaps in the panels - for example on the sides near the door and at the front of the car
• Check the V5C and VIN - ask to see the V5C (vehicle registration certificate) and check the serial number.

You can find more detailed tips and guidance in our guide on buying a used car.

Your rights when buying a car online

Your rights depend on whether you’ve bought from a dealer online, or bought privately online. If you’ve bought from an online dealership, you’re covered by the Consumer Rights Act 2015 in the same way as buying in person, and you may have extra cooling-off rights.

If you buy from a dealer online or at a distance, you can usually cancel within 14 days of the car being delivered to you. You then have 14 days to return it, and the dealer should refund you within 14 days of getting the car back.

This is thanks to the cooling-off period under the Consumer Contracts Regulations 2013. These rights don’t normally apply if you buy in person at the dealership.

If you buy a car online from a private seller, your rights are the same as if you're buying in person. The car should be roadworthy, it has to match the description on the ad, and the seller must have the legal right to sell it.

Your rights when buying a car at auction

Your rights at auction are often limited, and may be similar to buying privately, but it depends on who is selling and the auction’s terms and conditions. Buying cars at auction can carry more risk.

Once your bid is accepted, you’re usually legally bound to buy. And because most auction ads are ‘sold as seen’, you’re probably not covered under the Consumer Rights Act.

Before you bid, check the terms and conditions of the auction house. That way you know what you’re protected for.

Do you have any extra protection if you paid by credit card?

You might have some protection if you bought your car with a credit card. In some instances, your credit card provider can be jointly responsible if the car is faulty or isn’t as described. You can thank Section 75 of the Consumer Credit Act for that.

You might be able to claim a refund if you bought by debit card too through the chargeback scheme.

Unfortunately though, neither of these methods guarantee a refund, it's just worth thinking about if you're buying a used car.

What if I have a car warranty?

Buying a warranty or guarantee can offer extra protection if something goes wrong with the car. It usually covers specific mechanical or electrical faults. A warranty is on top of your legal rights, and it doesn’t replace them.

Read the terms and conditions carefully, because it may not cover everything, and it may have limits or an excess. A warranty will usually pay for a repair, and a refund is unlikely.

Frequently asked questions