What are my rights if a used car develops a fault?
The short-term right to reject in the first 30 days, the six-month presumption that follows it, why buying from a dealer is very different from buying privately, and the credit card and finance routes.
- Difficulty
- beginner
- Time
- 25 min
- Read
- 6 min
- Safety
- caution
Short answer
Buying from a dealer, the Consumer Rights Act 2015 gives you a short-term right to reject a faulty car within 30 days of taking delivery, for a full refund. From then to six months, the dealer gets one chance to repair or replace; if that fails you can reject, with a deduction for use. In the first six months the dealer must show the fault was not there at delivery. Buying privately gives almost none of this: the only standard is that the car matched its description.
The single most consequential decision in used car buying is not which car, it is who from, and most people do not realise it until something breaks. Buy from a dealer and you have statutory rights that cannot be excluded by any sign, receipt or verbal claim: the car must be of satisfactory quality, fit for purpose and as described, judged against what is reasonable for its age, mileage and price. Buy privately and the only real requirement is that the seller described it accurately. That is why the same fault produces a refund in one case and nothing at all in the other, and it is why "sold as seen" means something quite different depending on who wrote it.
Safety
Step by step
- Establish who you actually bought from.A dealer, including an online trader, gives you full Consumer Rights Act protection. A private seller gives you very little. A trader posing as a private seller is committing an offence and you retain your rights against them, so keep the advert, the messages and anything showing they sell cars regularly.
- Act fast if you are inside 30 days.The short-term right to reject lasts 30 days from taking ownership and gives a full refund if the car is not of satisfactory quality, fit for purpose or as described. Tell the dealer clearly and in writing that you are rejecting the vehicle under the Consumer Rights Act 2015, and stop driving it. Do not let them talk you into a repair that runs the clock down.
- Understand what happens after 30 days.Between 30 days and six months, the dealer has the right to one repair or replacement. If that repair fails or is not done within a reasonable time and without significant inconvenience, you may reject the car — this time with a deduction the dealer can make for the use you have had.
- Know who has to prove what.In the first six months, any fault is presumed to have been present at the point of sale unless the dealer can prove otherwise. After six months that reverses and you must show it was present or developing at delivery, which usually means an independent engineer's report.
- Judge satisfactory quality against the actual car.A twelve-year-old car with 130,000 miles is not held to the standard of a new one. What is reasonable depends on age, mileage, price and description. A clutch failing at 140,000 miles is wear; a gearbox failing three weeks after purchase on a car sold as excellent is a different argument.
- Put everything in writing.Report the fault in writing, state the date you took delivery, describe the symptom, say what you want and quote the Consumer Rights Act 2015. Keep a dated record of every conversation. Verbal complaints disappear at exactly the moment they matter.
- Use the credit card or finance route if there is one.If you paid any part of the price on a credit card and the car cost more than £100 and not more than £30,000, section 75 of the Consumer Credit Act 1974 makes the card provider jointly liable with the dealer — so you can claim from them. If you bought on hire purchase or PCP, the finance company is the supplier and your claim goes to them directly, which is often the stronger route.
- Escalate through the right scheme.If the dealer will not resolve it, check whether they belong to a motor industry alternative dispute resolution scheme or a trade association with a conciliation service. Citizens Advice and Trading Standards handle misdescription and rogue traders. Modest sums go through the small claims track in England and Wales, the simple procedure in Scotland, or the small claims process in Northern Ireland — none of which needs a solicitor.
- Be realistic about a private purchase.Against a private seller, your only real claim is misdescription — the car was not as described, had undisclosed outstanding finance, was an undisclosed write-off, or the mileage was falsified. There is no satisfactory quality standard and no right to reject for an ordinary fault.
Common mistakes
- Letting the dealer keep the car for weeks of repairs without writing anything down — Rights are time-sensitive and evidence-dependent. Without dated written communication you have no record of when you reported the fault or what was agreed.
- Believing that sold as seen removes your rights when buying from a dealer — It does not. Consumer rights when buying from a trader cannot be signed away, and phrases like this are one of the clearest signals of a dealer hoping you do not know that.
If it doesn't work
Dealer says the car was sold as seen with no warranty
Cause: A common but ineffective attempt to exclude statutory rights — Fix: Statutory rights under the Consumer Rights Act cannot be excluded by a sign, a receipt or a verbal statement when selling to a consumer. Point that out in writing and continue.
Dealer offers a repair and you are on day 25
Cause: A repair does not extend the 30-day window — Fix: If you want to reject, say so explicitly and in writing before the 30 days expire. You can agree to a repair, but do it knowing the short-term right is time-limited.
Fault appears at eight months
Cause: Past the six-month presumption — Fix: You must now show it was present or developing at delivery, which normally means an independent engineer's report. The claim is still available, it is just harder to prove.
Bought privately and it needs a new gearbox
Cause: No satisfactory quality standard applies — Fix: Unless the seller described it in a way that was untrue, there is generally no claim. This is precisely the risk that makes a dealer price higher.
Car turns out to have outstanding finance
Cause: The seller did not own it — Fix: A serious matter with a route regardless of who sold it. Contact the finance company immediately, and take legal advice — your position depends on good faith and on where you bought it.
Warranty company refuses the claim
Cause: An exclusion in the policy — Fix: A used car warranty is a separate contract from your statutory rights and is usually much narrower. A warranty refusal does not affect your rights against the dealer or the finance provider at all.
Questions people ask
What does the 30-day right to reject actually cover?
It applies if the car is not of satisfactory quality, not fit for purpose, or not as described. Satisfactory quality is judged against what a reasonable person would expect for that car's age, mileage, price and description — so it is not a warranty against all wear, but it does cover a genuine fault that should not have been there.
Does it make a difference that I bought on finance?
It usually helps. On hire purchase or PCP the finance company is legally the supplier of the goods, so your rejection and your claim go to them, and finance companies are regulated and answerable to the Financial Ombudsman Service. That is frequently a more effective route than arguing with a dealer.
Can I claim through my credit card?
If any part of the purchase went on a credit card and the price was over £100 and not more than £30,000, section 75 of the Consumer Credit Act 1974 makes the card provider jointly and severally liable with the dealer. Paying even the deposit by credit card is a cheap and widely underused protection.