Buying a car — whether new or used — is a big investment, so it’s important to know your rights if something goes wrong. Can you return a faulty used car? What if a dealer won’t honour a warranty? And what legal protection do you actually have?
Consumer rights can vary depending on where and how you buy a car, so it’s essential to understand what applies when purchasing from a dealer or a private seller. If you’re buying your first used car, knowing what to look for can help you avoid costly mistakes.
Here at Parkers, we want every car buyer to to feel confident and protected throughout their buying journey. So in this guide we’ll explain your legal rights in simple terms, helping you know exactly where you stand – before, during and after your car purchase
What are a consumer’s legal rights when buying a car?
When you buy a car, your legal rights vary depending on who you buy from — whether it’s a dealership or a private seller. If you’re purchasing from a business, you’re protected by strict consumer laws that ensure you’re not left out of pocket if something goes wrong. However, buying from a private seller comes with fewer protections, so it’s important to know what to expect.
In 2015, the Consumer Rights Act introduced stronger protections for buyers purchasing from a business, replacing parts of the Sale of Goods Act 1979. If you bought your car before this date, the Sale of Goods Act still applies. Both laws are designed to ensure your purchase meets expected standards and that you have legal recourse if something goes wrong.
Let’s break down exactly what your rights are — and how they change based on where you buy.
What are your rights when buying a car from a dealer or private seller?
Your rights when buying from a dealer
The right to a car that’s fit for purpose
Under the Consumer Rights Act 2015, when you buy a car, whether new or used, it must be fit for its intended purpose. For a new car, this means it should be in perfect working order and match the description given by the seller. For used cars, it should be of satisfactory quality, meaning it’s free from any defects that would make it unsafe or not function properly.
The right to return a faulty car
If you buy a car and it turns out to be faulty, you have the right to return it and get a repair, replacement, or refund. For new cars, the Consumer Rights Act entitles you to a full refund if there’s a fault within the first 30 days of purchase. For used cars, you’re also covered by this Act for up to six months. If the vehicle develops a fault during that time, you can request a repair or replacement at no extra cost. After six months, the burden of proof is on the buyer to prove the fault was present at the time of purchase.
A car is considered faulty if it falls into one of these three legal categories:
- Not of satisfactory quality: it doesn’t meet reasonable expectations for its age, mileage, and price.
- Not fit for purpose: It doesn’t do what it was sold to do — for example, if you were told it could tow a trailer but it can’t.
- Not as described: the car’s features don’t match the advert, such as missing equipment or incorrect specifications.
The right to a warranty
Most cars come with a warranty, giving you extra protection if something goes wrong after you’ve bought it. But even without one, your rights don’t disappear. The Consumer Rights Act 2015 (for newer purchases) and The Sale of Goods Act 1979 (for older used cars) ensure you’re covered if a fault develops. If a dealer or manufacturer refuses to honour the car warranty, you have the right to challenge them. If the fault is covered, they must repair or replace the car within a reasonable timeframe.
The right to accurate information
Dealers must be upfront about a car’s condition and can’t mislead you — whether it’s about mileage, accident history, or past repairs. Under the Consumer Protection from Unfair Trading Regulations 2008, if a dealer gives false or misleading information — like claiming a car has never been in a crash when it has — you have the right to challenge them. Depending on the situation, you could be entitled to a refund, repair, or compensation if the car doesn’t match what was advertised.
Your rights when buying from a private seller
If you buy from a private seller, you still have some legal protection, but it’s more limited because it falls under the 1979 Sales of Good Act. The car only has to be:
- As described: if the seller claims it has full service history or a recent MOT, that must be true.
- Roadworthy: it must be safe to drive unless clearly sold as ‘spares or repair.’
Unlike dealer purchases, you can’t return the car just because it develops a fault — unless the seller misled you about its condition. That’s why it’s crucial to inspect the car thoroughly, check paperwork, and consider getting an independent vehicle history check before handing over any money.
When buying a used car privately, always get a receipt that confirms the sale and lists any faults you and the seller have agreed on. This acts as proof of what was disclosed at the time of purchase and could help if you later find out the car has been clocked or has other hidden issues.
Do I have the same rights when purchasing a car online?
Buying a car online gives you extra protection compared to buying in person. Under the Consumer Contracts Regulations, if you purchase a car entirely online and have it delivered, you get a 14-day cooling-off period. This means you can return it for a full refund — even if you simply change your mind. Just be aware that excessive mileage or any damage could reduce your refund.
If you buy online but choose to collect the car in person, these rights might not apply in the same way, as it could be considered an in-person sale. Some dealers still offer a returns policy, so always check the terms before committing.
FAQs
What should I do if my used car develops a fault after 6 months?
If your used car develops a fault more than six months after purchase, you still have rights — but proving the issue was present when you bought the car becomes more challenging.
Under the Consumer Rights Act, within the first six months, the dealer is responsible for proving that the fault wasn’t there at the time of sale. After six months, this burden shifts to you, the buyer. This means you’ll need to provide evidence — such as a mechanic’s report — showing that the issue was likely present but may have taken time to become noticeable. If you believe the fault was there from the start, it best to contact the dealer with your evidence and request a repair or partial refund. If they refuse, you may need to escalate the issue through the Motor Ombudsman (an independent, government-backed body that helps resolve disputes between consumers and businesses) or consider legal action.
Are cars bought in auction covered by consumer rights?
It depends on how you buy the car. If you purchase a vehicle from a trader using a ‘Buy Now’ option or a similar fixed-price sale, you are protected under the Consumer Rights Act 2015, meaning the car must be as described and fit for purpose.
However, if you buy a car through a traditional auction — where you’re bidding against others — consumer rights are more limited. Many auction houses sell vehicles on an ‘as seen’ basis, meaning you have little to no recourse if something goes wrong. Always check the auction’s terms and conditions before placing a bid.
Does a dealer have to tell me about a car’s accident history?
A dealer must not mislead you, so if they know a car has been in a serious accident, they should tell you. However, they don’t have to volunteer this information, so it’s always worth checking a car’s MOT history and past records yourself before buying.
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