Your legal rights are very different depending on whether you buy a used car from a dealer, a private seller or at auction. Here's what protection you get with each.
A private sale is often cheaper, but a dealer sale gives you much stronger legal protection if something goes wrong. Knowing the difference helps you decide where to buy, and what to do if there's a problem.
Buying from a dealer
When you buy from a business, the Consumer Rights Act 2015 says the car must be:
- Of satisfactory quality, taking into account its age, mileage and price. An older, cheaper car isn't expected to be perfect, but it should be safe and roadworthy, with no faults the dealer didn't point out.
- Fit for purpose, including any purpose you told the dealer about, such as towing a caravan.
- As described in the advert and by the salesperson.
If something goes wrong
| When the fault appears |
Your rights |
| Within 30 days |
You can reject the car and get a refund. |
| Within 6 months |
The dealer gets one chance to repair or replace it. If that fails, you can reject the car for a refund, which may be reduced to reflect your use of it. The fault is assumed to have been there when you bought the car unless the dealer can prove otherwise. |
| After 6 months |
You can still claim, but you may need to prove the fault was there when you bought it, for example with a mechanic's report. |
"Sold as seen" or "trade sale" notices don't remove these rights when you're buying from a business as a consumer. A dealer can, however, point out faults before you buy, and you can't then complain about those faults.
Buying privately
A private seller doesn't have to make sure the car is of satisfactory quality or fit for purpose. Your rights are more limited:
- The car must be as described. If the seller said it had a full service history, one owner or no accident damage, and that wasn't true, you can claim against them.
- The seller must have the right to sell it. A car on finance or a stolen car isn't theirs to sell. See outstanding finance explained.
- It must be roadworthy if you're buying it to drive. It's an offence to sell an unroadworthy car for use on the road.
Claiming against a private seller usually means going to court yourself, which takes time and isn't guaranteed to get your money back. That's why checks before you buy matter even more in a private sale.
Some traders pose as private sellers to avoid their legal obligations. Be wary if a "private" seller has several cars for sale, the logbook isn't in their name, or they want to meet away from their home.
Buying at auction
Rights at auction are limited, and depend on the auction's terms and whether it's a business sale. Read the terms carefully, and remember you may not get a test drive.
Protecting yourself either way
- Run a history check before you buy, wherever you buy.
- Keep the advert, messages and receipt. They're your evidence of what you were told.
- Pay by card if you can for part of the price. With a credit card, purchases over £100 can give you extra protection under section 75 of the Consumer Credit Act.
- Get a written receipt with the seller's name and address.
This is general information, not legal advice. For help with a problem, contact Citizens Advice.