Used car consumer rights are your rights when buying a used car from a dealer. Consumer rights law states that a used car should be of satisfactory quality, fit for purpose and match the description given by the used car trader.
Your consumer rights for used cars are protected by law, and understanding your consumer rights for second-hand car buyers can make all the difference when identifying whether you are entitled to a repair, replacement or refund.
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Second-Hand Car Legal Issues
We are specialist car sales lawyers in London, Essex, Surrey and Kent with in-depth experience in all manner of disputes involving second-hand cars legal issues, car dealers and traders throughout the UK.
If you’ve bought a used car from a dealership or garage which has turned out to be faulty or defective or has outstanding finance or an insurance write-off despite being assured it's HPI clear or it’s been clocked and you need legal advice and help this is the service for you.
Common types of second-hand car issues
Pre-owned cars can be a financially sensible choice to make, but buying one comes with a host of risks. If you’re fortunate, you’ll buy a second-hand car from a reputable dealer who is upfront and honest about the car’s quality, history, and mileage. But what happens when things go wrong?
Many issues could arise during the purchase of a second-hand car which could lead you to needing a faulty car lawyer. These include:
Breaches of Car Consumer Rights
Consumer rights laws are designed to increase car buyers' rights; they allow you to reject a faulty car, and get a refund in the first 30 days, or get the car repaired at the dealer’s expense. With unparalleled knowledge and experience, you come to us when you need not only someone who knows the rules but also knows the motor industry.
Unsatisfactory car quality, or vehicles unfit for purpose
If the vehicle isn’t of satisfactory quality or fit for purpose, you may be entitled to reject the car and get a refund. Knowing which legal service you need and finding low-cost second-hand car advice can be tricky. Fortunately, our leading motor trade and car sales lawyer can be your solution.
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Cars with outstanding finance
If you buy a second-hand car with outstanding finance from a car dealer or a private car sale, you buy yourself a legal problem. The motor finance company still has the legal title of the car, and so they have the right to repossess it if the borrower doesn’t pay their instalments. You, the innocent buyer, could be left without the car and your money.
Help is at hand. If you’ve bought a motor vehicle with outstanding finance on it, call our motor finance legal experts for a free initial consultation and legal advice.
Cat C and Cat D insurance write-offs
Dealing in salvage and damage repairable cars is perfectly legitimate; repairing and selling them without telling the customer the history isn’t. This goes against consumer protection laws.
If you have bought a car that’s an insurance write-off and wasn’t told about it at the time by the dealer, you may be able to get your money back and get a refund. Unlike traditional motor industry solicitors, we are low-cost, fixed-fee, direct-access leading motoring lawyers.
False or clocked mileage
Condition, provenance, and mileage are all key to used car values and ultimately car legal issues. The lower the mileage, the more the car is worth; turning the clock back or clocking increases the motor trader's profit margin. Of course, this is illegal, and Stormcatcher Law can offer invaluable advice if you have fallen foul of a dodgy dealer selling clocked vehicles.
Your consumer rights
As a consumer, you are protected by trading laws. This means that car dealers should comply with the following trading standards:
Consumer Rights Act 2015 (CRA)
If you seek advice from us, you will predominantly find us referring to the Consumer Rights Act. But what is the Consumer Rights Act 2015? Well, it covers cars bought from a motor dealer after 1st October 2015, and states that, to be compliant, dealers must sell cars that are of satisfactory quality, fit for purpose, and as described. If a car does not meet these standards, consumers are entitled to the 30-day ‘right to reject’, the right to a repair or replacement, and the final right to reject.
Car dealers should also have the legal right to sell the vehicle. Breaching the standards set out in this act could mean that you as the consumer may be entitled to a full refund, repair, or replacement.
With millions of new and used vehicles bought and sold every year, each one made up of around 30,000 parts, establishing what ‘a reasonable person acting reasonably’ would consider to be ‘of satisfactory quality’ is problematic. This is where legal advice can be so helpful.
Consumer Protection from Unfair Trading Regulations 2008 (CPRs)
This stops automotive businesses from using unfair business practices that include misleading, aggressive, or otherwise unfair behaviour before, during, or after the sale of a vehicle.
These regulations cover false things said or done to influence a buyer to buy the car. This is known as misrepresentation or mis-selling. The law also covers undisclosed issues that could have affected a buying decision.
In short, a dealer should disclose everything about a car’s history, including:
- The number of previous owners a car had
- Its service history
- Whether it has been involved in an accident
- If it’s previously been written off
If they don’t disclose this information, the customer may be legally able to terminate a contract or reject the car.
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What to check before you buy a car
In order to avoid legal issues when buying a second-hand car, it’s important to check the following first:
That the dealer is legitimate
Before entering into an interaction with a car dealer, you need to ensure they are legitimate and reputable. This means looking for an official business address and VAT registration (if applicable), looking for membership in trade bodies (such as The Motor Ombudsman), and reading reviews from previous customers. Use common sense too; if something looks too good to be true, it probably is.
That the car checks out
If you have found a car that you are interested in, you need to be thorough in your appraisal of it. Check its paperwork, including the V5C logbook for legitimacy, and its MOT history. You should also use a HPI checker to confirm that the car has no outstanding finance, and isn’t written off.
In terms of the car itself, look for any hidden damage, do a full check of the electronics (such as the air-con and infotainment system), and, of course, always test drive the car.
That you do your due diligence during the transaction
Don’t forget to compare prices using tools like AutoTrader and WhatCar to compare market value. When you are ready to hand money over, never do so in cash - use a bank transfer, or even better, a credit card for Section 75 protection. Make sure you get a receipt that includes the dealer’s name, address, the price of the car, and the details of it.
Taking a car dealer to court
Of course, avoiding court proceedings is preferable for all concerned; it’s expensive, stressful, and time-consuming. However, it is sometimes necessary to get the outcome you want, and in many instances, the consumer is well within their rights to pursue a dispute right into court if they have to.
In these instances, you shouldn’t enter into court proceedings without expert advice. This should preferably come from an automotive specialist who can not only advise you on the best steps to take but also anticipate what a dealer will counter with by using their insider knowledge.
Reasons to use a consumer rights lawyer
Out of Time
There are a lot of car dealers and their motor trade legal advisors who think wear and tear is a ‘get out of jail free’ card, but it isn’t.
Neither is it true that your rights end after 6 months from the delivery date. Simply, the CRA 2015 applies to the first 6 months, and after that, the usual rules regarding the statute of limitations for contract claims apply. So, any idea that as a car dealer, dragging your heels to repair or reply to a complaint will run the clock down until the consumer's rights have expired, is simply untrue.
Fit for purpose
This is arguably the most overused and wrongly applied implied term in the CRA 2015. There are two fit-for-purpose terms; one in section 9(3)(a) “fitness for all the purposes for which goods of that kind are usually supplied” and the other in section 10 “Goods to be fit for a particular purpose.”
If you buy a vehicle, its general purpose is as a passenger vehicle to be driven on a public UK road; whereas if you buy a vehicle which you have informed the seller to be for some other specific purpose, then if it is not suitable for that purpose, a breach may arise.
Reverse burden of proof
It is true that certain elements of the CRA 2015 ‘used car law’ require the dealer to prove that the fault, issue or lack of conformity did not exist on delivery or that it was caused by something the buyer did or failed to do.
This does not mean that simply making a complaint is enough; it isn’t. Claims in general are reliant upon relevant evidence. Without this, it is going to be challenging, if not unlikely, that you will succeed in any legal case you bring.
Description
Pretty much all new and used cars are advertised online with a description of the spec and equipment, mileage, number of owners and service history, as well as being accompanied by terms which describe the condition. Just because something is advertised as being in excellent condition or returns a certain miles per gallon, it doesn’t necessarily amount to a misrepresentation or misdescription.
Right to disagree
Like it or not, whether a dealership refuses your repair or rejection claim it is their prerogative to do so, just as it is your right as a buyer to refuse a dealer’s offer to repair the vehicle when you have the right to, and do, reject it. However, each party has to be aware that they may have to prove their case in court, which will prove to be an expensive lesson.
The benefits of using a consumer rights lawyer
Expert legal guidance
Navigating consumer rights laws can be a minefield, and those you are going up against will be just waiting for you to get lost in it all and back down. That’s where a consumer rights lawyer can be invaluable, identifying the rights that have been breached and giving you the confidence to seek the outcome you deserve.
Quicker, easier dispute resolution
The potential for avoiding costly and inconvenient court proceedings is greatly increased by using a consumer rights lawyer. From seeking repairs for breached faulty second-hand car rights to negotiating refunds and compensation, a lawyer will know the quick and easy way to resolve.
Time and stress savings
Trying to find a way through all the legal options, as well as the jargon and paperwork associated with challenging a breach of consumer rights, can be extensive and exhausting. Legal advice can help take some of this weight off.
Our consumer rights lawyers
Stormcatcher Law is led by Philip Harmer, a highly regarded lawyer and arbitrator within the industry who just happens to know the Consumer Rights Act 2015 for used cars in the UK inside out. His unsurpassed knowledge of the legal issues that surround consumer rights for faulty cars guides his clients and his team in pursuing positive outcomes.
Philip cuts to the core of car disputes quickly and efficiently, no matter how complex the case is.
What’s important when choosing a specialist lawyer?
What should be the most important thing when choosing a specialist lawyer is actual experience in your subject matter.
As classic car enthusiasts, we’ve been under the bonnet and under the skin of classic, vintage, and collector cars. This means we know the ins and outs of how they are made, and what it takes to make them right. Having this knowledge means we can hold retailers, dealerships, and restoration companies accountable for poor work.
Why choose Stormcatcher Law?
Selecting us as your right-hand car dealership lawyers during a dispute is a smart choice for a number of reasons:
A wealth of specialist insider knowledge
Our extensive experience comes from working in every aspect of the retail motor trade for over two decades; we have a thorough understanding of the law, the cars, and the tricks of the trade. We love to achieve success for our clients as the go-to firm for all motor vehicle-related legal issues.
Motor vehicle technical expertise
Our unsurpassed knowledge spans a vast number of vehicle makes and models. It comes from over 40 years of buying, selling, repairing and maintaining them; we can help you argue your case with confidence.
Jargon-free advice
This industry can be complex, and many stakeholders will try to blind you with science. We can quickly grasp the real issue, making what needs to happen easily understandable.
We know that the industry you’re up against can be confusing and designed to tie you up in knots. We can make things simple, quickly grasping the real issue, and helping you understand what the next steps are. Contact us today.
Frequently Asked Questions
Many people think that used car consumer rights are like a special warranty, entitling them to the repair of anything that goes wrong with the car, or the replacement of any part that requires it, all at the dealer’s expense; it doesn’t work like that.
Nor is it the case that the short-term right to reject in the first 30 days is a return policy if you change your mind or have lost confidence in the car or the dealer. Case law has established that the right to reject will not arise for minor issues.
In part, this is due to a misinterpretation of the legislation. Although it states that goods must be of satisfactory quality including free from minor defects, this applies to new cars rather than second-hand vehicles.
When you buy a car from a dealer you have statutory rights under the Consumer Rights Act 2015. These require the car to be of satisfactory quality, fit for a specific purpose and as described. Satisfactory quality includes;
- Fitness for all the purposes for which goods of that kind are usually supplied
- Appearance and finish
- Freedom from minor defects
- Safety
- Durability
However, the standard must be measured in the context of the type of car, its age, mileage, and price. There will be a different standard for new cars than for second-hand cars and for volume brands versus prestige.
No, you cannot reject a car for this reason unless you bought the car online; distance selling regulations allow you to do this.
In concert with the Consumer Rights Act comes the ADR Directive encouraging the use of alternative dispute resolution and settling customer complaints without having to go to court. The scheme is voluntary and reliant on both the motor dealer and customer agreeing to a third-party mediator trying to broker a settlement agreement.
Online car purchases entitle consumers to a 14-day cooling-off period, whereby they can return the car for any reason within this time frame.
Unfortunately, you are less protected if you bought the car from a private seller, including purchases made online. However, under the Misrepresentation Act 1967, you can take legal action if the private seller lied about the car’s condition.
We will help you avoid court whenever possible. We know it’s stressful and expensive; it’s our priority to resolve the dispute without going through it.
You can send the dealer a formal complaint letter citing the Consumer Rights Act 2015. If they still refuse, you can escalate the case to Trading Standards, the Motor Ombudsman, or take legal action; we’d strongly advise getting an expert to counsel you on these next steps.
If a fault occurs with the car which is considered actionable within the meaning of the Consumer Rights Act and it can be established that it was present or developing at the point of sale you will likely be entitled to exercise your short-term right to reject. However, it can be challenging to satisfy the evidential test and you may require an expert examination.
Unfortunately, you have less protection as a buyer if the seller was private, although under the Misrepresentation Act 1967, you can take legal action if the seller lied about the car’s condition. If the car doesn’t match its description, you can take legal action under the Sale of Goods Act 1979 too.
Yes, it is possible to return a car after 6 months, but it naturally becomes more challenging as time goes on. As with all cases, evidence is key to establishing what the issues are with the vehicle and plotting the chronology of problems since purchase. If the defects can be traced back to having been latent or existent within the first 6 months you will be able to rely upon it to support the rejection.
You shouldn’t ever buy a car without the V5C logbook. It could be stolen, cloned, or have unpaid tax, amongst other hugely inconvenient and worrying problems. Dealers are legally required to provide it.
It’s estimated that at least 1 in 3 cars sold has a hidden history which includes accident or collision damage. While it is not illegal to sell damaged repaired cars, it is if you have not been informed of it or the repair has not been sufficient to make the car roadworthy or of the requisite standard.
By far and away the most common cause of litigation between car buyers and sellers stems from the dealer refusing to accept the rejection of a car and refusing to refund the purchase price.
This could be because they’ve had the wrong legal advice, or they have evidence which supports them not being liable for the fault or because the car value would make issuing a claim very expensive. This makes your strategy in bringing a claim equally important, if not more so, than the law and your legal rights.
All new cars and most second-hand cars are sold with a warranty. This is not to replace but to augment your statutory rights and it may prove quicker and more efficient to claim from the warranty.
However, sometimes the warranty claim value won’t be enough to cover the cost or the warranty company may reject the claim: giving you little alternative than to claim from the seller.
Yes, you could be protected here if you paid for all or some of the car with your credit card. However, this isn’t guaranteed.
Yes; this is because an MOT certificate only confirms that the car met minimum UK road safety standards at the time of testing. Faults that make it unfit for purpose could have easily developed since then.
You can, but the absence of proof of purchase makes it more challenging. Other evidence can be used in some cases, however. These include bank statements and credit card transactions, emails and text messages between you and the dealer, and witness statements.
Yes, although this is a term predominantly used in the US. This refers to being a consumer protection lawyer, which we definitely are in the context of used car sales.
About Philip Harmer
Philip is a motor vehicle expert, having spent over seventeen years as an independent motor dealer. Through buying, selling, and repairing thousands of vehicles, he developed detailed make- and model-specific knowledge, including the characteristics, known issues, and vulnerabilities that commonly affect vehicles at point of sale. He brings this experience directly to bear when advising clients on car sale disputes, misrepresentation, and rejection claims.
He regularly advises on
car sale disputes,
vehicle rejection claims, and
used car complaints.
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