Your Rights When Buying from a Dealer

Why Buyer Rights Differ Between Dealers and Private Sellers

When you buy a car from a private seller, the sale is governed by basic contract law. The car must match its description, but beyond that, the principle is largely "buyer beware." Private sellers are not required to guarantee the car's quality or condition.

When you buy from a dealer — whether that is a franchised showroom, an independent used car lot, or an online trader — the situation is very different. The sale is a consumer transaction, and you are protected by the Consumer Rights Act 2015 (CRA 2015). This gives you clear, enforceable rights that go far beyond what a private sale offers.

This distinction is important. Some sellers try to blur the line — for example, a trader selling from a residential address or listing cars as "sold on behalf of" a friend. If someone regularly buys and sells cars for profit, they are legally a trader, regardless of whether they have a showroom or not.

Overview of the Consumer Rights Act 2015

The Consumer Rights Act 2015 replaced the older Sale of Goods Act and is the primary legislation protecting consumers in England and Wales (Scotland has similar protections). It applies to all goods sold by a trader to a consumer, including vehicles.

Under the CRA 2015, every car sold by a dealer must meet three core standards:

1. Satisfactory quality
2. Fit for purpose
3. As described

If a car fails to meet any of these standards, you have the right to a repair, replacement, price reduction, or full refund — depending on when the fault is discovered and how you choose to proceed.

What Counts as a Dealer Sale?

A dealer sale is any transaction where you (a consumer) buy a vehicle from someone acting as a trader. This includes:

• Franchised main dealers — official brand dealerships (e.g., Ford, BMW, Volkswagen)
• Independent used car dealers — businesses that buy and sell used vehicles
• Online car retailers — companies like Cinch, Cazoo (now closed), or AutoTrader dealers
• Car supermarkets — high-volume used car outlets
• Auction houses acting as agents for trade sellers
• Individuals trading regularly for profit — even if they sell from home

The key test is whether the seller is acting "in the course of a business." If they are, you are protected by the CRA 2015 regardless of where the sale takes place.

Grey Areas

Some sellers deliberately try to appear as private sellers to avoid their legal obligations. Warning signs include:

• Listing multiple cars at the same time
• Using a personal mobile number but selling from an industrial unit
• Saying "sold as seen" or "no warranty" — these disclaimers do not override your statutory rights when buying from a trader
• Advertising on trade platforms but presenting the sale as private

If you suspect the seller is a trader posing as a private individual, your consumer rights still apply. In a dispute, courts will look at the seller's pattern of behaviour, not just how they describe themselves.

The "Satisfactory Quality" Rule

Under the CRA 2015, a car sold by a dealer must be of satisfactory quality. This is judged by what a reasonable person would expect, taking into account:

• The price paid — a £1,500 car with 150,000 miles will not be held to the same standard as a £15,000 car with 30,000 miles.
• The age of the vehicle — older cars are expected to have more wear.
• The mileage — higher-mileage vehicles are expected to have more wear on mechanical and cosmetic parts.
• The description used in the listing — if the ad says "excellent condition," the car should reflect that.
• Any known faults declared before the sale — if the dealer told you about a specific issue and adjusted the price, you cannot later reject the car for that same issue.

What Satisfactory Quality Covers

Satisfactory quality includes:

• Safety — the car must be safe to drive (brakes, steering, lights, tyres, etc.)
• Appearance and finish — bodywork, interior, and paint should be consistent with the car's age and price
• Freedom from minor defects — even small faults (warning lights, electrical glitches, rattles) can make a car unsatisfactory if they were not disclosed
• Durability — the car should remain in reasonable condition for a reasonable period after purchase

What It Does Not Cover

Satisfactory quality does not mean perfect. Wear and tear consistent with the car's age and mileage is expected. For example:

• A 10-year-old car with 90,000 miles may have some brake wear — that is normal
• A car sold at a very low price "for its age" may have cosmetic blemishes
• A fault that the dealer explicitly pointed out before the sale is not grounds for rejection

The question is always: would a reasonable person consider this car satisfactory, given all the circumstances?

The "Fit for Purpose" Rule

A car must be fit for the purpose for which it was supplied. In most cases, this simply means it must be roadworthy and driveable.

However, if you told the dealer about a specific purpose before buying, the car must also be fit for that purpose. For example:

• If you told the dealer you need the car for towing and they recommended a particular model, it must be capable of towing
• If you said you need a car that can handle long motorway commutes, it should be reliable enough for regular high-mileage use
• If you asked for a car suitable for a new driver and they sold you something with known handling issues, it may not be fit for purpose

The fit for purpose rule extends beyond basic drivability to cover any specific needs you communicated to the dealer before the sale.

The "As Described" Rule

A car must match its description. This applies to anything the dealer said or wrote about the vehicle, including:

• The advertisement — online listing, showroom card, or verbal description
• Mileage — the odometer reading must be accurate (or clearly stated as unverified)
• Service history — if described as "full service history," it must have one
• Previous owners — the number of keepers must match what was stated
• Specification — if the ad lists features like sat nav, leather seats, or parking sensors, they must be present and working
• Accident history — if the dealer says the car has never been in an accident, it must not have been

Any material misrepresentation gives you grounds for rejection, repair, or a price reduction.

The 30-Day Short-Term Right to Reject

The CRA 2015 gives you a powerful short-term right to reject a faulty car within 30 days of taking delivery. This is your strongest protection.

If the car does not meet the satisfactory quality, fit for purpose, or as described standards within the first 30 days, you can:

1. Reject the car and demand a full refund.
2. You do not have to accept a repair or replacement — a refund is your right.
3. The dealer must process the refund within 14 days of agreeing to it.

How to Exercise the 30-Day Right

• Notify the dealer in writing (email is fine) within 30 days of delivery.
• Clearly state the fault and that you are rejecting the vehicle under the Consumer Rights Act 2015.
• Stop using the car as soon as reasonably possible (continued use may weaken your claim).
• Keep all evidence — photos, videos, diagnostic reports, and communications.

The 30-day window starts from the day you take physical delivery of the car, not the day you paid for it.

Rights Between 30 Days and 6 Months

After 30 days, you lose the automatic right to reject for a full refund. However, your rights do not end.

Between 30 days and 6 months, if a fault develops:

1. The dealer must be given one opportunity to repair or replace the car.
2. If the repair fails, or the dealer refuses, you can then reject the car and claim a refund (the dealer may make a reasonable deduction for the use you have had).
3. Crucially, during this period, the burden of proof is on the dealer. The law presumes the fault was present at the time of sale. The dealer must prove it was not — not the other way around.

This is a powerful protection. If your car develops a gearbox fault at 8 weeks, the dealer cannot simply say "wear and tear." They would need evidence — such as an independent inspection — to show the gearbox was fine when sold.

Burden of Proof After 6 Months

After 6 months, the burden of proof shifts to you — the buyer. If a fault appears, you need to demonstrate that it was present (or developing) at the time of sale.

This does not mean your rights disappear. It means you may need:

• An independent inspection report from a qualified mechanic or engineer
• Evidence that the fault is consistent with a pre-existing issue (e.g., a pattern of related faults in service records)
• Proof that the car's condition is not consistent with its age and mileage

Your rights under the CRA 2015 last for up to 6 years from the date of purchase (5 years in Scotland). After 6 months, it is harder to make a claim, but it is absolutely still possible with the right evidence.

What Counts as a Fault?

A fault is any issue that means the car does not meet the standards of satisfactory quality, fitness for purpose, or as described. This includes:

• Mechanical faults — engine, gearbox, clutch, turbo, suspension, brakes
• Electrical faults — warning lights, infotainment system failures, sensor issues
• Structural issues — corrosion, previous accident damage that was not disclosed
• Cosmetic defects — if they are inconsistent with what was advertised or expected for the car's age
• Mileage discrepancies — clocked or incorrect mileage
• Missing features — items listed in the advert that are not present or not working

Normal wear and tear for the car's age and mileage is not a fault. The test is always reasonableness.

What to Do if a Dealer Refuses a Refund

Some dealers will push back. They may claim the fault is "wear and tear," say you should have spotted it before buying, or simply ignore your complaint. Here is how to escalate.

Step 1: Contact the Dealer in Writing

Send a formal written complaint — by email, with a read receipt or recorded delivery letter. Include:

• A clear description of the fault
• When you first noticed it
• What you are asking for (refund, repair, or replacement)
• A reference to the Consumer Rights Act 2015
• A reasonable deadline (usually 14 days) for the dealer to respond

Keep copies of everything.

Step 2: Formal Complaint

If the dealer does not respond or refuses, escalate to a formal complaint. Write to the dealership's head office or complaints department (if it is a larger group). State that you will take the matter further if it is not resolved.

Step 3: Finance Company Involvement

If you bought the car on finance (HP, PCP, or a credit agreement over £100), you have an additional route. Under Section 75 of the Consumer Credit Act 1974, the finance company is jointly liable with the dealer for any breach of contract.

This means you can make your claim directly to the finance company. They have a legal obligation to investigate and, if the claim is valid, to provide a remedy. This is often more effective than dealing with the dealer directly, especially if the dealer is unresponsive.

Step 4: Alternative Dispute Resolution (ADR) or Ombudsman

Many dealers are members of an ADR scheme or a motor ombudsman service, such as:

• The Motor Ombudsman — the automotive dispute resolution body
• Retail ADR — an alternative dispute resolution provider
• The Financial Ombudsman Service (FOS) — if your complaint involves a finance agreement

These services are free for consumers and can mediate disputes or make binding decisions.

Step 5: Small Claims Court (or Civil Court)

If all else fails, you can take the dealer to court. For claims up to £10,000 in England and Wales, this is done through the Small Claims Court (part of the County Court). The process is designed to be accessible without a solicitor:

1. Issue a "letter before action" giving the dealer 14 days to resolve the matter.
2. If no resolution, file a claim online at moneyclaims.service.gov.uk.
3. Pay the court fee (based on the claim amount — usually £35 to £455).
4. The dealer will be served with the claim and must respond within 14 days.
5. If the case proceeds, a judge will review the evidence and make a decision.

Most disputes are settled before reaching a hearing, as the threat of court action motivates many dealers to resolve complaints.

Key Tips to Protect Your Rights

Before You Buy

• Get everything in writing. If the dealer makes verbal promises about the car's condition, history, or features, ask them to confirm it in writing (email or on the invoice).
• Take screenshots of the advert. Online listings can be changed or removed. Save a copy of the description, photos, and price before buying.
• Run a vehicle check. A full check will reveal outstanding finance, stolen markers, write-off history, and mileage discrepancies — issues the dealer may not have disclosed.
• Inspect the car thoroughly. Check for warning lights, uneven panel gaps, mismatched paint, and any signs of previous damage.

At the Point of Sale

• Read the paperwork carefully. Do not sign anything you do not understand. Watch for terms like "sold as seen" — these do not override your statutory rights when buying from a trader.
• Ask about the return policy. Some dealers offer their own return guarantees (e.g., 14-day money-back). These are in addition to your legal rights, not instead of them.
• Check the car matches the ad. Verify the mileage, features, and condition before paying.

After You Buy

• Keep all documents. Invoice, warranty, service records, vehicle check results, emails, and the advert.
• Report faults promptly. The sooner you notify the dealer, the stronger your position — especially within the 30-day rejection window.
• Communicate in writing. Phone calls are useful, but always follow up in writing so you have a record.
• Know your deadlines. 30 days for rejection, 6 months for reversed burden of proof, 6 years for claims (5 in Scotland).

Common Dealer Tactics to Watch For

• "Sold as seen" — this does not override your rights when buying from a trader.
• "You had it inspected, so you accepted the condition" — an inspection does not waive your rights for faults you could not reasonably have discovered.
• "It's a used car, what do you expect?" — age and mileage are considered, but that does not excuse genuine faults.
• "We'll only offer a repair, not a refund" — within 30 days, you can insist on a refund. After 30 days, you must allow one repair attempt before escalating.
• "Our warranty covers this" — a dealer warranty is separate from your statutory rights. If the warranty does not cover the issue, your legal rights still apply.