Your rights when buying second hand cars
Trained in two
Second Hand Cars
Every time we buy a second-hand car, we are making a legal contract. When we buy a second-hand car and it goes wrong, develops a fault and isn’t quite what we thought it would be, it can be extremely disappointing. The law can seem complicated. What are your rights?
The law states
Second hand cars must be:
Of satisfactory quality
Fit for purpose and
As described
In practice this means the car must not be faulty, match any description given (included in adverts etc.) and be fit for the purpose you bought it for. For second-hand cars, satisfactory quality also considers, the age, price, mileage and condition of the second-hand car. What is satisfactory quality for the particular car when all of this is considered?
The second-hand car should still be fit for use on the road and in a condition that generally reflects its age and price. Fair wear and tear is not considered to be a fault.
What if the car doesn’t…
The business is in breach of contract. You have a legal right to seek a solution.
You have 30 days from the day after you bought the second-hand car to get a full refund. The business must prove the second-hand was sold without fault for the first six months after you’ve bought it. After the first six months, it is for you to prove the second-hand car was faulty.
If you are asking for a refund and you part-exchanged a car under the contract, you are entitled to get it back in its original state. If this is not possible, you are entitled to receive something of the same value, which could be the money for the part exchanged car.
Whilst you have the same rights when you are supplied with a used car as you do when you are supplied with a new one, you should be realistic and have different expectations when deciding if it is of satisfactory quality. Check the car fully before you buy it.
If the fault is discovered more than six months after purchase, you may still be entitled to a repair or replacement, but it's up to you to prove that the fault existed at the time you bought it. If a repair or replacement is not possible, you can ask for a refund or partial refund, considering the use you've had from the second-hand car.
Remember a business can make a reasonable deduction from the refund for the use you have had from the second hand car. The law says, in almost every case, there can be no reductions from any refund given in the first six months. However, second-hand cars are different, the business can make a ‘reasonable’ reduction for the amount the second-hand car has been used. What is reasonable depends on the second-hand car you bought and the use you have had from it.
Remember you do not have to give the business more than one chance to repair or replace the car if is faulty. If the repairs or replacement are unsuccessful, are impossible, too expensive or cannot be carried out within a reasonable time and without causing significant inconvenience, you can ask for a price reduction (some of your money back). You can choose to keep the car and ask the business to give a reduction in the price or you can claim a refund but, depending on circumstances, a deduction for use may apply. Once this has been agreed it needs to be given to you at the latest within 14 days.
In summary
0 - 30 days you can claim a full refund for the second hand car that are of unsatisfactory quality, unfit for purpose or not as described.
30 days - six months you must give the business one opportunity to repair or replace it before you can claim a refund.
six months or more you must give the business one opportunity to repair or replace it before you can claim a partial refund, and the burden of proof is on you to prove the car is faulty.
If you'd prefer a repair or replacement in the first 30 days you can ask the business, but it cannot refuse to give you a refund.
Warranty
If the second-hand car came with a warranty, look at the terms and conditions of the warranty. Check if the warranty covers the fault and follow the warranty agreement.
Please note you cannot claim anything if (unless buying at a distance, see below)
you were told about any faults before you bought the car.
the fault was obvious and it would have been reasonable to have noticed it on examination before buying the car.
you caused any damage yourself.
you made a mistake - for example, you asked for the wrong engine size.
you have changed your mind about the car or have seen one cheaper elsewhere.
Buying a second hand car at a distance (online)
If you buy a second-hand car from a business online or at a distance, you have the same legal rights as you have when buying from a business's premises. However, you also have extra rights because you made a contract online. When you do this, you can change your mind for any reason you choose. You have the right to cancel most 'distance' contracts and you have a 14-days to do so. See our two minute guide on your rights when buying online.
Buying a second hand car privately
You do NOT have the same legal rights if you buy a second-hand from a private seller as you do when you buy from a business. You are can reasonably expect that the second-hand car is 'as described'. You do NOT have the right to expect that it is of satisfactory quality or fit for its purpose, unless the private seller told you that it was. The person selling the vehicle must also own it.
To take note of
Be wary of buying via internet auctions. Most internet auctions only provide the site for the auctions to be held and are not generally going to be able to help you with the goods bought and sold privately. You should check the terms and conditions of the internet auction for full details.
Be wary of buying via online market places, never transfer money via a bank transfer until you have received the goods.
As you have fewer rights against private online sellers, research the seller carefully before you buy anything.
Remember section 75, if you can pay on a credit card (please do) you get extra protection. See here for more advice.
An MOT certificate simply confirms that the vehicle passed the test on the day it was done. Its not an absolute guarantee of the general quality of the vehicle. If you have a problem with an MOT contact the Driver and Vehicle Standards Agency (DVSA),
You can check the MOT history of a vehicle on the GOV.UK website.
When you buy a vehicle, the tax cannot be transferred with it; you will need to buy new tax before you can drive it away. For more information on vehicle tax see the GOV.UK website.
What should I do?
Speak to the business, ask them for what you want. If this does not work, then you would need to email or write to them.
If attempts to resolve the dispute fail, consider using an alternative dispute resolution scheme. Check to see if the trader is a member of a trade association that has such a scheme - for example,
Rules for life
Be polite
Be clear in what you want
Keep a record of all letters and communications
If the business disputes what you are saying, direct them to this website, business need to know their rights as well.
For further advice contact Citizens Advice Consumer Service 0808 223 1133.