Buying a used car that develops a fault is one of the most common consumer complaints in the UK. Whether you bought from a dealer or a private seller, the Consumer Rights Act 2015 gives you clear protections — but knowing how to use them is the hard part. This guide explains exactly what you’re entitled to and how to enforce your rights.
Your Rights Under the Consumer Rights Act 2015
When you buy a used car from a dealer, it must meet three legal standards:
- As described — the car must match any description given (mileage, specification, history)
- Of satisfactory quality — it must be free from defects that a reasonable person would consider unacceptable, taking into account age, price, and mileage
- Fit for purpose — it must be roadworthy and capable of the purpose it was sold for (e.g. daily driving, motorway use)
If the car fails any of these tests, you have legal remedies against the dealer.
Important: These rights apply only when buying from a dealer (including online traders and auction houses trading as businesses). Private sales are covered by a different, weaker set of protections.
The 30-Day Right to Reject
This is your strongest right. If a fault is found within 30 days of taking delivery, you can reject the car for a full refund — no repair or replacement required.
How It Works
- The 30-day clock starts from the day you take delivery, not the day of purchase
- The fault must be one that makes the car not as described, not of satisfactory quality, or not fit for purpose
- You do not need to give the dealer a chance to repair first
- The dealer must process a full refund including any deposit, part-exchange value, and road tax
What Counts as a Fault
- Engine or gearbox failure
- Electrical faults that affect safety or usability
- Excessive oil consumption
- Mileage discrepancy
- Unrepaired accident damage not disclosed
- Missing service history that was promised
- Rust that is more than superficial
What Does NOT Count
- General wear and tear appropriate to the car’s age and mileage
- Minor cosmetic issues that were visible at the time of purchase
- Issues you were explicitly told about before buying
- Problems caused by your own misuse
Tip: If the dealer tries to fob you off with “it’s only 31 days, too late” — they are wrong. Act immediately and put your rejection in writing.
The 6-Month Presumption
If a fault appears within 6 months of purchase, the law assumes the fault was there when you bought the car. This is called the reverse burden of proof.
What This Means
- You do not need to prove the fault existed at the time of purchase
- The dealer must prove it did NOT exist at the time of purchase
- In practice, this is very difficult for dealers to do
Your Remedies
You can ask for:
- Repair — the dealer must fix the fault at their cost
- Replacement — a car of equivalent value and condition
- Full refund — minus a deduction for use (calculated based on mileage and time owned)
One Repair Attempt Rule
If the dealer has attempted one repair and the fault has not been resolved, or if the same fault recurs, you can demand a refund. You do not need to keep allowing repeated repair attempts.
Deduction for Use
Under the 6-month to 6-year window, a dealer can make a deduction from the refund for use. For example:
| Purchase Price | Months Owned | Estimated Deduction |
|---|---|---|
| 8,000 | 4 | 400-800 |
| 12,000 | 6 | 800-1,500 |
| 5,000 | 3 | 150-400 |
The deduction must be reasonable and the dealer must justify it. If you disagree with the deduction, challenge it in writing.
6 Months to 6 Years: Your Extended Rights
You still have rights for up to 6 years after purchase, but the burden shifts to you. You must prove that the fault was present at the time of purchase.
How to Prove It
- Get an independent mechanical report stating the fault is consistent with an issue that has existed since purchase
- Show that the fault is not consistent with normal wear and tear
- Provide evidence of how the car was used (e.g. low mileage, regular servicing)
When These Rights Are Most Useful
- Expensive faults discovered shortly after the 6-month mark
- Cars sold with false mileage or undisclosed accident history
- Dealers who misrepresented the car’s condition
Note: After 6 months, the dealer can argue the fault developed through your use or lack of maintenance. The stronger your evidence, the better your position.
Dealer vs Private Sale: What’s Different?
Buying From a Dealer
- Full Consumer Rights Act 2015 protections
- Right to reject within 30 days
- Reverse burden of proof for 6 months
- Can claim through the Motor Ombudsman
- Can use Section 75 if paying by credit card
Buying From a Private Seller
- The car must still be as described (Sale of Goods Act 1979)
- No right to reject for any reason (buyer beware)
- No reverse burden of proof — you must prove the seller knew about the fault
- Cannot use the Motor Ombudsman
- No Section 75 protection (unless you paid a deposit on a credit card)
How to Tell If It’s a Private or Trade Sale
Some sellers pose as private when they are actually traders. Watch for:
- Multiple cars advertised by the same seller
- A seller operating from a commercial premises
- Professional marketing or a business name
- Cars advertised with VAT or trade prices
If you can prove the seller is a trader, you have full consumer rights.
What to Do When You Find a Fault
Step 1: Document Everything
- Photograph the fault from multiple angles, including close-ups and wide shots
- Note the date the fault was discovered and when it first appeared
- Keep all receipts for any costs related to the fault (recovery, diagnostic checks, repairs)
- Save all communications with the seller (emails, texts, messages)
Step 2: Contact the Seller
- Write to the dealer (email is fine for an initial contact, but follow up with a formal letter)
- State clearly what the fault is, when it was discovered, and what remedy you are seeking
- Reference the Consumer Rights Act 2015
- Give a deadline for a response (14 days is standard)
Template letter:
Dear [Dealer],
I am writing regarding the [make, model, registration] I purchased from you on [date] for [price].
On [date fault discovered], I noticed [describe fault in detail]. This means the car is not of satisfactory quality and/or not fit for purpose, contrary to the Consumer Rights Act 2015.
I am requesting [refund / repair / replacement] as my remedy under the Act.
Please respond within 14 days confirming how you intend to resolve this matter. If I do not receive a satisfactory response, I will escalate this complaint.
[Your name, address, registration number]
Step 3: Escalate if Needed
If the dealer does not respond or offers an unsatisfactory remedy:
- Motor Ombudsman — an independent body that handles motor disputes
- Small Claims Court — for claims up to 10,000 in England and Wales
- Credit card provider — if you paid by credit card, make a Section 75 claim
The Motor Ombudsman
The Motor Ombudsman is a free, independent service for resolving disputes with garages and dealers.
Who Can Use It
- Consumers who bought a car from a business (dealer or garage)
- The dealer must be a member of the Motor Ombudsman (check before you buy)
What They Can Do
- Investigate your complaint
- Make a binding decision if the dealer agrees to their jurisdiction
- Order the dealer to repair, refund, or compensate you
How to Complain
- Complete a complaint form at motorombudsman.org
- Provide all documentation (purchase agreement, photos, correspondence)
- The Ombudsman will investigate and may arrange an independent inspection
- A decision is usually reached within 90 days
Limitations
- The dealer must be a member of the scheme
- The Ombudsman cannot order compensation beyond reasonable costs
- If you have already started court proceedings, the Ombudsman cannot intervene
Small Claims Court
If other routes fail, you can take the dealer to small claims court (Money Claim Online in England and Wales).
Key Details
| Claim Amount | Court Fee | Process |
|---|---|---|
| Up to 3,000 | 35-70 | Online via Money Claim Online |
| 3,001 - 10,000 | 70-115 | Online, heard at local county court |
| Over 10,000 | 115+ | Not small claims — use standard track |
How It Works
- File a claim online at gov.uk/courts
- The dealer has 14 days to respond
- If they dispute, a hearing is arranged at your local county court
- No lawyer needed — you present your case
- Most claims resolved within 4-6 weeks
What You Need
- Purchase agreement or invoice
- Photos of the fault
- Independent report (optional but helpful)
- All correspondence with the dealer
- Proof of any costs incurred
Tip: A letter before action (stating you will take court action if the matter is not resolved within 14 days) often prompts settlement. Many dealers settle to avoid court costs.
Section 75: Credit Card Protection
If you paid for the car (or part of it) using a credit card, you have additional protection under Section 75 of the Consumer Credit Act 1974.
How It Works
- The credit card provider is jointly liable with the dealer
- You can claim the full amount from the card provider if the dealer refuses to cooperate
- This applies to purchases between 100 and 30,000
How to Make a Section 75 Claim
- Contact your credit card provider in writing
- Reference Section 75 of the Consumer Credit Act 1974
- Provide proof of purchase and evidence of the fault
- The card provider has 8 weeks to respond
Note: This does not apply to debit card payments. Use chargeback instead (a voluntary scheme, not a legal right).
Common Dealer Tricks to Watch For
- “Sold as seen” — this does not override your statutory rights. The car must still be as described and of satisfactory quality.
- “It’s your problem now” — incorrect. You have legal rights under the Consumer Rights Act 2015.
- Offering only repair — you can reject the car within 30 days without giving the dealer a chance to repair.
- Deducting excessive amounts — if you are past 30 days but within 6 months, the dealer can only deduct a reasonable amount for use. Challenge excessive deductions.
- Refusing to put things in writing — always insist on written communication. Verbal promises are harder to enforce.
Tips to Protect Yourself Before Buying
- Get an HPI check — reveals finance, accident history, and mileage discrepancies
- View the V5C logbook — matches the seller’s details and shows registered keeper
- Have the car independently inspected — a pre-purchase inspection costs 100-200 but can save thousands
- Read the description carefully — compare what is advertised with what the car actually is
- Keep all documentation — purchase agreement, invoice, description, photos of the advert
Frequently Asked Questions
Can I reject a car I bought on finance? Yes, your rights are against the dealer, not the finance company. You can reject the car to the dealer and the finance agreement is cancelled.
What if the dealer has gone out of business? Contact the Motor Ombudsman, make a Section 75 claim if you paid by credit card, or use chargeback if you paid by debit card.
Can I reject the car if I have driven it a lot? Within 30 days, yes — no deduction is made. After 30 days but within 6 months, the dealer can deduct a reasonable amount for use. After 6 months, you can still claim but must prove the fault was there at purchase.
What if I bought from an auction? If the auction house is a trade seller, you have Consumer Rights Act protections. If it is a private auction, protections are limited.
Do my rights apply to motorbikes? Yes, the Consumer Rights Act 2015 applies to motorbikes bought from dealers.
Summary
- The Consumer Rights Act 2015 requires cars to be as described, of satisfactory quality, and fit for purpose
- You have 30 days to reject a faulty car for a full refund
- Within 6 months, the fault is presumed to have been there at purchase — the dealer must prove otherwise
- You have rights for up to 6 years, but must prove the fault was there at purchase
- Private sales offer weaker protections than dealer purchases
- Document everything, put complaints in writing, and escalate to the Motor Ombudsman or small claims court if needed
- Section 75 gives additional protection if you paid by credit card