If a new or second-hand car you bought develops a fault, you could get it repaired or replaced at no further cost to you by whoever sold it to you - or you could get your money back. You can use our handy tool to find out what your legal rights are.
You have no legal right to reject a car purely because you’ve changed your mind, and cosmetic issues or minor faults that were brought to your attention before the sale or could have been identified through a reasonable inspection will not give you grounds to complain and seek a remedy.
What you do next will be reliant by how you bought the car and how long ago you bought the car.
I bought my car privately
For private purchases, the phrase 'buyer beware' applies.
The seller is not under any legal obligation to declare the condition of the car to you when buying and you won't be able to claim for repairs.
However, if the private seller untruthfully answers any questions you've got about the car, or misrepresents the car in any advert or when they speak to you, a claim for misrepresentation may arise allowing you to rescind the contract.
I bought my car from a dealer
If you bought the car in the UK and it doesn't meet one of the standards below, the Consumer Rights Act gives you the right to request a repair or replacement of the vehicle, and in some instances may allow you to return the vehicle and reject it
When you buy a new or second-hand car from a UK dealership, the Consumer Rights Act stipulates that you can expect it to:
- Be of satisfactory quality (taking into account its age and mileage)
- Meet any description given to you when you were buying it (whether in the ad or in discussions prior to sale)
- Be fit for the purpose (for example, to get you from A to B safely).
There’s no exact definition of 'satisfactory quality'; but a minor defect, problems with the appearance and finish of the vehicle and issues concerning durability can all be relevant when arguing a vehicle is not of satisfactory quality.
You must consider the age, price, mileage, description applied and all other relevant circ*mstances when trying to decide whether the vehicle is of satisfactory quality.
Top complaint tips
- Let the seller know as soon as possible that there’s something wrong with the car
- Try to remain calm and be polite but firm. Losing your temper will not help the situation
- Keep a record of all your exchanges, just in case - keep emails, brochures, put verbal agreements in writing and take notes of any conversations.
- If you are entitled to reject the vehicle and you do reject it, you should ensure that you do not continue to drive the vehicle as this could prejudice your claim going forward.
Your right to make a claim against a faulty car depends on how long you've owned the vehicle.
I’ve owned the car for less than 30 days
The Consumer Rights Act gives you an initial 30 days to reject the vehicle if it is faulty and claim a full refund from the dealer that sold it to you. Alternatively you could ask for it to be repaired or replaced.
In either case you will need to prove there is a fault with the vehicle that is beyond normal wear and tear, and that this fault was inherent at the time of purchase.
After those first 30 days you have to give the dealer a chance to repair or replace the car. The dealer should agree to do this within a reasonable period of time, without any cost to yourself and without causing you significant inconvenience.
You can use our handy tool to find out what your legal rights are.
I’ve owned the car for more than 30 days
You're entitled to ask for a repair or replacement.
If the repair or replacement is unsuccessful, or if the dealer fails to offer you either within a reasonable period of time, you're entitled to a refund. This is called the right to final rejection.
The car dealer can deduct ‘fair use’ from the refund after the first 30 days.
I've owned the car for less than six months
If you take the vehicle back within six months of purchase, the dealer should accept there was a problem when the vehicle was sold.
If the dealer doesn't accept there was a problem when the vehicle was sold, they'll have to prove this.
I've owned the car for more than six months
It will be up to you to prove there was a problem with the vehicle beyond normal wear and tear when it was sold to you.
You'll have to provide evidence of this so it may help to get an independent report which could establish the condition of the vehicle when sold.
You can take action for breaches of the Consumer Right Act, like being sold a faulty car, for up to six years (five in Scotland) after the date of the contract.
But you need to think carefully whether you're claim is realistic, especially if you've got an older vehicle that's been used for a reasonable length of time.
You will need evidence that any fault is not attributable to the wear and tear of serviceable parts taking into account the age and condition of the vehicle and the number of miles it has driven.
A car is just like any other product you buy. Your right to redress if there are any problems are against the ‘retailer’ that sold it to you - in the case of cars that will usually be a dealership.
However, if a finance agreement was used to purchase the vehicle it may be the finance company that has effectively sold the vehicle to you.
If a new or second-hand car you bought from a dealer develops a fault, you could get it repaired or replaced at no further cost to you by the dealer that sold it to you - or you could get your money back. You can use our handy tool to find out what your legal rights are.
If the car dealership agrees to repair the vehicle, these must be carried out within a reasonable time and without significant inconvenience to you.
If the dealer refuses, you could:
- take the car elsewhere to be repaired and claim the cost back from party that sold the vehicle to you;
- return the car and get back a portion of the money you paid (final rejection), usually less a deduction for the use you've had (sometimes called 'depreciation').
You'll have to negotiate with the dealer to decide what would be a reasonable amount. In deciding what’s reasonable, you’ll need to take into account how much use you’ve had from the vehicle.
A common way to work out depreciation would be to base this on the number of miles you have driven, and agree a rate of depreciation between 20p-40p for every mile driven.
If you want to claim a refund but traded in your old car for the new one, it's very unlikely you'll get your old one back. Instead you’ll be entitled to the full invoice price of the car (including road tax, VAT, etc).
The Motor Ombudsman
Some dealerships and garages have signed up to a Trading Standards backed code of practice that means if your dispute isn't getting anywhere you can refer it to an impartial third party to resolve it - the Motor Ombudsman.
- You can find all of the information you need on the Motor Ombudsman's website.
- Use our step-by-step guide to escalate a complaint with a car dealership.
You have very limited rights when buying a second-hand car at an auction.
Check the auction house terms before you bid. When you buy at auction, your rights are with the seller of the car, not the auction house.
If the vehicle is being sold at a public auction and you have the opportunity of attending the sale in person, most of the rights under the Consumer Rights Act do not apply. However, the vehicle should be not misrepresented in any sales material.
You can use our handy tool to find out what your legal rights are.
You have fewer rights when buying from a private seller because parts of the Consumer Rights Act don't apply. But, the seller must:
- Accurately describe the car. For example, an ad must not say 'one owner' when its had several.
- Not misrepresent the car. For example, tell you something which isn't true, such as telling you it hasn’t been in an accident when it has.
You can use our handy tool tofind out what your legal rights are.
Unfortunately, enforcing your rights in this instance can be a real challenge, if the seller isn’t willing to budge it may be that your only route to resolving the problem is going to bevia the courts.
Check if your car has been recalled
You can check thegovernment's vehicle recall website to see if a safety alert or recall notice has been issued for your car. If it has been all of the information needed on what to do next should be available on that website also.
If you have acar finance agreement (like a PCP or HP) or a lease (usually contract hire), then it can be a bit more complicated because technically your car belongs to the finance company.
You can use our handy tool to find out what your legal rights are.
You will need to speak to your finance company to begin with. Tell them why you are requesting a repair or replacement or are rejecting the car, but bear in mind that the vehicle may need to go back to the dealer for assessment or repair.
Any good finance company should be able to help you through this process.
It can be slightly drawn-out process because the dealer will have to refund the finance company rather than you directly. The finance company will then have to terminate your agreement and pay you back your deposit plus any payments you’ve already made, minus any deductions made for fair usage.
If your new or used car came with a warranty or guarantee, or you paid extra for one, you can use it to get problems fixed.
But, it’s important you check the terms and conditions it came with so that you’re clear on what is covered and what isn't.
You also need to be clear whether you need to speak to the dealer or manufacturer to get the problems resolved.
Read our step-by-step guide on what to do if your car warranty company won’t pay for repairs.
Bear in mind that having a warranty does not affect your consumer rights. You could still use the Consumer Rights Act to reject the car and claim a refund, repair or replacement from the dealer that sold it to you.
If you bought your car with a credit card, you have additional protection with your credit card provider thanks to Section 75 of the Consumer Credit Act.
This makes your credit card company ‘jointly liable for any breach of contract’, in other words if something goes wrong you can claim your money back from your credit card company just like it was the company that wronged you.
If you paid with a debit card may be able to claim through the chargeback scheme, but it’s a voluntary scheme and not guaranteed to work.
Can I take the seller of a faulty car to court?
You can take legal action for breaches of the Consumer Right Act, like being sold a faulty car, for up to six years (five in Scotland) after the date of the contract, but it would usually be unrealistic to consider legal action for defective cars bought in the UK, especially older vehicles, once you've used it for a reasonable length of time.
If your claim is worth more than the small claims limit where you live (£10,000 in England and Wales, £5,000 in Scotland or Northern Ireland) we recommend that you get legal advice before you act, because you may risk facing time-consuming and expensive court action.
However, this doesn’t affect your legal rights and you could still either reject the car or claim against the dealer.
