Your rights when buying a used car

Next to buying a house, buying a car is one of life's major purchases. So before you even start looking it's worth knowing your rights.

These vary depending on whether you're buying from a dealer, a private seller or online. If you're buying from a dealer you should be covered by the Consumer Rights Act 2015. You have a lot less rights if you're buying privately or from an auction.

In this guide, we'll talk through your rights when buying a used car so you're prepared for your car search.

Your rights when buying a used car from a dealer

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 than you'd get if you were buying the car privately.

It entitles to things like a refund if the car breaks down within the first 30 days of ownership.

The act also applies to faulty repair work. So if your car was in for a service or repair and it comes out faulty, you can ask for a refund. Or you can ask for the garage to do the work again.

According to the act, cars must be:

• Of 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: Usually car dealerships fix any issues with the car before selling them. 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 your car doesn't meet these criteria after you've bought it, you're entitled to a full refund within 30 days.

These rights apply if you're buying from an online dealership too, and you're also entitled to a cooling off period.

Sound simple? It's not always this straightforward. Some dealers might refuse to give you a refund. In this case you need to take them to court, which is also a costly business.

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

If you notice a fault, you've got 30 days to return the used car to the dealer, but you're not on your own after this.

If there's a fault six months after you bought the vehicle, you can ask the dealer to repair the car or replace the car. First though, the seller has to prove that the fault wasn't there when they sold the vehicle. If they can prove it was there and you knew about it you probably won't get a refund.

You have to give the dealer a chance to fix the fault. But if this doesn't work you can get a refund or a replacement car.

Unfortunately, you won't get the full purchase price back at this point. They'll deduct money from the refund because you've been using the car for six months.

If you find a fault after six months, you'll have to get a professional to examine the car and find out whether the issue was there at the time of purchase. You'll also have to make sure that you weren't told about the fault either.

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 a lot fewer rights when you're buying a car privately. In fact, it's one of the riskiest ways to buy a car, even if you might save a bit of money.

You do have 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 (the mileage must match the advert, for example).
• The car has to be roadworthy and safe to drive. It's against the law to sell someone a car that's not roadworthy - unless you knew this when you were buying the car.
• You can ask for a refund if you find the car doesn't meet these conditions. 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 a record of the seller's initial advert. This could be a screenshot, for example. 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 car 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 have the same rights as buying in person. So you're covered under the Consumer Rights Act 2015.

You can also cancel your order within 14 days of buying the car. You'll have another 14 days to return the car and you should get a refund within 14 days. This is thanks to the cooling-off period under the Consumer Contracts Regulations 2013.

If you buy a car online from a private seller, your rights are the same as if you're buying in person. The car has to be roadworthy, 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

You have the same rights as when you're buying privately. Because of this, buying cars at auction is also pretty risky.

Once you bid, you have to buy. And because most auction ads are 'sold as seen', so 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 refund you the money if the car doesn't meet a certain standard. 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 car warranty or guarantee can offer more protection if something goes wrong with the car. It covers specific mechanical faults like faulty electrics or parts. You might be able to get a refund or repair if you bought a warranty or guarantee. Read the T's & C's. It might not cover certain things so it's always worth checking it.