Can I return a used car?
If you buy a second-hand car that turns out to be faulty, your legal rights (including the right to return the car) depend on who you bought it from and how the car was described. You have less legal protection when buying from a private seller than when buying from a registered dealer.
General protections under sale of goods legislation
The protections that apply when buying a used car depend on whether it is sold by a dealer or a private individual.
When buying from a dealer
Replacing the Sale of Goods Act 1979, the Consumer Rights Act 2015 covers the sale of new and used cars by a dealer. Under both Acts, the goods (ie the used car) sold to a buyer must be:
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of satisfactory quality
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fit for purpose, and
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as described
A car generally fails to meet these requirements when it:
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develops a problem you wouldn't expect for the car's age and mileage, or
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turns out not to be what you’d been led to expect
For more information on these consumer rights, read Consumer rights and Doing business with consumers.
When buying from a private individual
The Consumer Rights Act does not apply to sales by private individuals. Instead, a provision from the Sale of Goods Act still applies, requiring the car to be ‘as described’.
Buying a used car from a dealer
If you bought a used car from a dealer, you have the right to expect it to meet the Consumer Rights Act criteria listed above. If it does not meet these requirements, you have the right to claim against the dealer for breach of contract. In particular, if the car you bought is not as the dealer described it, you’re entitled to reject the car and get your money back. If you want to keep the car, you can ask the dealer for compensation covering the costs of repairs.
For example, under the Consumer Rights Act criteria, a car may not be:
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of satisfactory quality if it is not as you would expect for a car of its age, mileage and price range
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fit for purpose if you were told the car was capable of towing a caravan when it is not
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as described, if any equipment listed in its advert is not included
The early right to reject
Under the Consumer Rights Act, if a car fails to meet one or more of the above criteria, you are entitled to reject the car and get a full refund within the first 30 days of buying it.
If you bought the car from a dealer, the dealer can make a deduction from the refund for ‘fair use.’ For example, your refund may be subject to deductions if you only had the car for one week but drove 500 miles. If you’re unsure about the types of deductions a dealer might make, you should check your contract, as this may provide clarity.
Repair, replacement or refund
30 days to 6 months
If you find a defect in the car after the first 30 days (ie during the early right to reject period) but within 6 months of purchase, you are entitled to request a repair, replacement or refund free of charge.
The law assumes that the fault was there at the time of delivery unless the seller can prove otherwise. Where you exercise this right, dealers only have one chance at repair or replacement. If they fail to repair or replace the car, you are entitled to a full or partial refund.
6 months or more
After the first 6 months, the burden is on you to prove that the car was faulty at the time of delivery. In practice, this may require a form of expert report or opinion or evidence of similar problems across the product range.
If the attempt at a repair or replacement is unsuccessful, you’re entitled to a refund.
Buying a used car from a private seller
When you buy a used car from a private seller as opposed to a registered dealer, key parts of the Consumer Rights Act do not apply. For example, there is no legal requirement that a car be of satisfactory quality or fit for purpose. However, the seller must:
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accurately describe the car in any advertisements (eg the ad must not say 'one owner' if the car has had several), and
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not tell you something about the car which isn’t true (eg if the car has been in an accident, the owner must not tell you that it hasn't been in any accidents)
The car must also be roadworthy (it is a criminal offence to sell an unroadworthy car) and the seller must have the legal right to sell it to you.
In other words, the car must work, meet the legal requirements for being driven on public roads, and be owned by the seller.
However, when you’re buying from a private seller, the onus and burden is on you as the buyer to ask all the right questions before making the purchase. The seller doesn't have to volunteer extra information so, if you don't ask questions, you may not have the full picture of the goods' history and may be unaware of potential faults.
Therefore, when purchasing a car from a private seller, you should make sure that you ask questions and request information on the car before purchasing it. Failing to do this may result in issues arising for which you’re unable to return the car and get a refund.
If the car wasn’t as described
If the car wasn’t ‘as described’, you are entitled to:
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the difference in value between what you paid for the car and what it’s really worth (eg if you were told the car had 72,000 miles but it actually had 145,000, it is worth less. You and the seller will have to agree on what the car is really worth, and you will be entitled to the difference), or
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the cost of making changes to the car for it to match the description (eg refurbishing an engine if the car was described as having a ‘refurbished engine’)
After buying the car, you have 6 years (in England and Wales) or 5 years (in Scotland) to make a claim. Bear in mind that it’ll be harder to prove how the car was described as time passes. As a result, it’s important that you keep evidence (eg the car advert or email communications between you and the seller).
What can I do if the seller didn’t meet their obligations?
If a dealer or a private individual who has sold you a car has not complied with their obligations under the sale, taking them to court may be a possible solution to get your money back. However, you should only consider court action if you have used all other available options open to you. For example, you could consider reporting the issue to Trading Standards or your local Citizens Advice Bureau first.
If all else fails, you can make a claim in the small claims court to claim back the money you paid for the car. Be aware that court action could be extremely expensive and time-consuming. For more information on making a court claim, read Small claims court and Small claims court in Scotland.
If you’d like more information about the sale or purchase of a second-hand car, you can always Ask a lawyer.
