The rights you have regarding a faulty car depend on where you bought it and how it was described.
You have more legal protection if you bought it from a recognised dealer rather than a private seller or at an auction. However, even if the law is in your favour, it can be time-consuming to get any money you’re entitled to – and costly, too, because you might have to take the seller to court to get it.
So, if you have any doubts about a car or its seller, walk away; there are hundreds of thousands of used cars to choose from, so there’s no need to buy one you’re not sure about.
The Consumer Rights Act 2015 gives you the right to ask for a full refund in the first 30 days after buying any product that proves to be faulty, including a new or used car.
The law also provides protection for servicing and repair work that renders your car faulty. If you believe that a service or piece of work has not been carried out with reasonable care, you can ask for a refund or for the work to be redone.
The law states that a vehicle must be of satisfactory quality, fit for purpose and as described. To be of satisfactory quality, a car must not be faulty or broken when purchased, and it must be of a standard that a reasonable person would expect, taking into account its age and mileage if it’s secondhand. An older car with more miles on the clock is not expected to be as good as a newer one with a lower mileage, although both should be roadworthy, reliable and of a quality consistent with their age and the price paid.
The car should be fit for the purpose for which it has been supplied; this includes any specific purpose you tell a dealer you want to use it for prior to buying it. So, if you’ve told a dealer you want to tow a caravan, the car should be capable of doing that. It should also match any description you were given of it, or any model shown to you when you bought it.
If the car does not live up to any one of these criteria, you’re entitled to hand it back and get all your money refunded. It’s worth noting, though, that the seller might not accept your rejection, in which case you may have to start court proceedings against them if you want a refund.
If a problem is found after 30 days, but within six months of purchase, you can request a repair or a replacement vehicle. The onus is on the seller of the car to prove the fault wasn’t present when the car was sold; if they can, and you’re likely to have known about it, you won’t get a refund.
