Your legal rights: What to do if a dealership sells you a faulty car in the UK

A car is a big investment, so discovering that the vehicle you've bought from a dealership is faulty can be incredibly frustrating. In the UK, you have legal rights that protect you in such situations, but you can expect the best outcome only if you know how to navigate the process.

In this post, you’ll learn your rights if a dealership sells you a faulty car and what actions you can take to resolve the issue efficiently.

What are your rights when buying a used car from a dealer?

Under consumer law, a car is considered a “good" like any other physical item. This is stated in the Consumer Rights Act 2015, which is a key piece of legislation protecting consumers in the UK.

When you buy a new or used car from a UK dealership, according to the Consumer Rights Act 2015, you can expect that it:

• Is of satisfactory quality, meaning that the car “meets the standard that a reasonable person would consider satisfactory,” considering factors like its age, price, and description. It should not have faults or defects unless they were clearly stated before the sale.
• Fits for a particular purpose, meaning that the car must be suitable for any specific purpose you made known to the dealer. For example, if you said you needed a car for long-distance travel, the vehicle should be able to handle that.
• Is as described, meaning that the car must match the dealer’s description. Any change to that information, whether made before or after the contract is signed, is only valid if both the consumer and the seller agree.

If you bought the car on finance, you might have additional protections through the Consumer Credit Act 1974, as the finance company is equally responsible for the quality of the goods. In such a case, you can make a claim against the credit provider and the dealer.

Time frames for action: how long do you have to make a claim if a car is faulty?

The Consumer Rights Act 2015 also specifies different time intervals within which you can make a claim about faulty goods, in this case, a car, and expect it to be accepted and potentially resolved.

Up to 30 days

If you discover an issue within 30 days of purchasing the car, you have “the short-term right to reject” it. This allows you to return a vehicle and get a full refund. Another option is to have it repaired or replaced, but this doesn’t mean the dealership can refuse a refund if you request one.

After 30 days but within 6 months

After 30 days, the dealer is permitted one attempt to fix the car if an issue arises and you owned a car for less than 6 months. Within this timeframe, the dealership is still expected to acknowledge that the problem existed at the time of purchase.

If you request a repair or replacement, you must allow the dealer a reasonable amount of time to resolve the issue unless it causes you significant inconvenience. However, you can’t ask for repair or replacement if:

• It’s impossible (e.g., parts are no longer available or the car can't be repaired).
• One option is much more reasonable than the other based on cost or effort (e.g., it may be quicker or cheaper to repair the car than to replace it).
• The car's value after repair may still not conform to the contract (e.g., it’s still not up to the standard you expected or was promised).

If the first repair doesn’t fix the problem, you can reject the car and request a full refund. You can also let the dealer try to fix it again, but if that fails, they can reduce the refund based on how long you’ve used the car.

After 6 months

Unlike during the first 6 months when it’s assumed that the fault existed from the start, after 6 months, it becomes your responsibility to prove that the issue existed at the time of purchase. You will need evidence (independent expert report, service history, etc.) that the problem is not related to normal wear and tear to get it fixed or ask for a partial refund.

Are dealers required to resolve every buyer complaint?

Dealers must take legitimate complaints seriously and follow the law under the Consumer Rights Act 2015. However, they are not required to resolve every complaint from buyers.

If the buyer’s complaint is valid – meaning that the car isn’t of satisfactory quality, doesn’t fit for purpose, or isn’t as described – the dealer is legally obligated to offer the solution, such as repair, replacement, or refund. On the other hand, complaints arising from misuse, normal wear and tear, or issues disclosed at the time of purchase are typically considered invalid. In these cases, the dealer is not obligated to take action.

Returning a car on finance due to faults

Under Section 75 of the Consumer Credit Act 1974, the lender is jointly and severally liable for any breach of contract or misrepresentation by the seller if you buy a faulty car on finance. This allows you to pursue a claim not only against the car dealer but also against the finance company.

However, there are some key conditions that make you protected by Section 75:

• There must be a violation of the agreement (e.g., the car is faulty or not fit for purpose) or false information given (e.g., you were misled about the car’s condition).
• The car you bought must have cost over £100 and not more than £30,000.
• Your credit card provider and car seller must be different parties. Section 75 will not apply if the lender is also the seller.

Of course, you can’t just make a claim without providing evidence that the car sold has previously undisclosed issues and that those aren’t your fault. Check the vehicle's description against what you have bought and be prepared to prove that the current state of the car and its presentation at the time of purchase don’t match.

There’s no need to contact either the seller or the finance company first – you can make a claim against both of them simultaneously. The time frames and options for rejecting or repairing the car are the same as those under the Consumer Rights Act 2015.

Key tips for successfully resolving a faulty car claim

Understanding your rights when buying a used car is crucial, but there are also extra steps you can take to help ensure a positive outcome for your claim:

• Show the car to a professional. Have a qualified mechanic inspect the car and provide a written report explaining the nature of the fault and its potential cause.
• The sooner you report the issue, the better. If you notice there’s something wrong with the car, don’t delay contacting the seller, as your options decrease over time.
• Be specific. Include details of when the fault occurred, the nature of the fault, and any supporting evidence, such as the mechanic's report.
• Document everything. Save all communications with the seller or finance company, including emails, messages, and invoices. Avoid verbal agreements and put everything in writing.
• Avoid making repairs or continuing to drive the car. Anything you do yourself after noticing the issue may weaken your claim or void any warranties.
• Consider getting legal advice. Consult a legal advisor if negotiations stall or you feel the seller is not acting in good faith. They can help you draft formal letters and explain your options.

Get a carVertical report before buying any used car

If you’ve already purchased the car and identified a fault, the vehicle history report can be valuable in proving that the car had undisclosed issues at the time of sale, such as previous accidents. However, it's not a legal document, just an added bonus.

An even better option is to get a carVertical report before signing the contract so that you can make a more informed decision and avoid all the hassle altogether.

Many dealerships that partner with carVertical empower their buyers by offering car history reports free of charge, increasing transparency and trust. You can always ask about it if you’re not sure whether it’s an option.

A carVertical report typically includes essential information about a car’s past, such as damage records, odometer readings (and mileage rollbacks, if any), ownership changes, historical photos, outstanding finance, and more.

By obtaining a vehicle history report, you can identify potential red flags and understand whether a car’s condition meets your expectations before finalizing your purchase. This approach not only can help avoid future issues with the vehicle but also enhance your confidence in the buying process.