Buying a used car from a retailer could leave you dealing with unexpected faults or unclear responses from the seller. While some age-related wear is expected, a car sold by a dealer must still meet the standards laid down by the law that apply at the point of sale.
The actions you are able to take as a consumer if you encounter one or more issues with a vehicle following your purchase of a second-hand car, depends on what has happened, and how soon after buying the car you experienced them.
The following guide looks at what you can do if you have been sold a used car that you think is faulty.
Can you return a used car if it has problems?
In some cases, returning a vehicle may be possible, but it depends on the fault, when it appears and whether the vehicle met the required standard. Under the Consumer Rights Act 2015, a car bought from a retailer, such as a dealer should be of satisfactory quality, fit for purpose and as described.
For used cars, satisfactory quality takes into account age, mileage, price, condition and any information given before sale. If the problem indicates the car did not meet that standard, raise it with the dealer as soon as possible.
What counts as a fault on a used car?
A fault is usually something that affects the car’s condition, safety, reliability, performance or description. This could include:
- Engine or gearbox problems
- Battery or charging problems (for example, on an electric vehicle or plug-in hybrid)
- Braking issues
- Electrical faults
- Warning lights
- Fluid leaks
- Steering problems
- Undisclosed accident damage
- Incorrect mileage
- A feature that was advertised, but is missing or not working
The fault also needs to be judged in context. A low-mileage used car sold at a higher price would usually be expected to meet a different standard from an older vehicle with high mileage. Wear to ‘wear and tear’ parts, such as tyres, brakes or clutches, for instance may be treated differently if it is consistent with the car’s age and use.
The 30-day right to reject a used car
If a fault appears within the first 30 days, you may have the right to reject the car. This can apply where the vehicle was not of satisfactory quality, fit for purpose or as described when it was sold. Where the fault is serious enough to affect whether the vehicle meets those standards, the issue may also raise questions around a refund on a faulty car.
How to reject a faulty used car
If you wish to reject the vehicle, contact the seller (the dealership, for example) in writing as soon as possible after experiencing the fault. Include the purchase date, vehicle details, a clear description of the issues, and the preferred outcome you are looking for. Keep copies of all correspondence, as this can help if the complaint needs to be reviewed later by an Alternative Dispute Resolution provider, such as The Motor Ombudsman
Used car issues after purchase: what happens after 30 days?
Used car issues after purchase can become more involved once the first 30 days have passed. After this point, the dealer is usually entitled to one opportunity to repair the vehicle.
If a fault appears within the first six months, it is generally presumed to have been present at the time of sale unless the seller can show otherwise. If the repair fails, you may then be able to ask for a price reduction or reject the vehicle. A deduction for use may be applied.
Used car issues after purchase: what happens after six months?
After six months, you may need to show that the fault was present or developing when the car was sold. Paying voluntarily for an independent inspection report can be useful where the cause of the problem is disputed.
What to do if the dealer disputes the problem
If the seller, such as the dealer, says the fault is wear and tear, caused after purchase or outside their responsibility, keep this communication in writing. Ask them to explain their position clearly and refer to any inspection findings or vehicle warranty terms they are relying on.
Taking out an extended warranty when buying a car can be useful to help protect against potentially costly or mechanical issues, for instance , but it does not replace your statutory rights.
If the issue concerns whether the car was of satisfactory quality, fit for purpose, or as described when sold, the Consumer Rights Act will still be relevant.
What evidence to gather for a used car complaint
It is good practice to keep copies of the advert, order form, invoice, warranty paperwork, service history, MOT certificate, emails and messages with the dealer in relation to the purchase of a used car, and is especially relevant if you later need to file a complaint against a car dealership.
Also, if you experience a fault, record dates, mileage, warning lights, fault symptoms and any costs you have incurred. If another garage inspects the car, ask for a written report explaining the fault and its likely cause.
The Motor Ombudsman’s Business Finder can help consumers look for businesses accredited to one or more of our Codes of Practice when repair work or an inspection is needed.
Steps to take if a dealer refuses a return
If the dealer refuses your request to return a used car, ask them to explain their decision in writing. This can help clarify whether they are disputing the fault, the timing, the cause of the problem or the remedy you have requested.
Keep your response clear and factual. Refer to the date of purchase, when the issue appeared, what has been inspected or repaired so far, and why you believe a return or other remedy should still be considered. Attach relevant evidence and keep copies of all correspondence.
If the issue remains unresolved after the dealer has responded, filing a complaint can help move the matter into a more formal process.
Using alternative dispute resolution (ADR) for used car disputes
Alternative dispute resolution (ADR) can give consumers and businesses a structured way to resolve eligible disputes without going straight to court. For used car complaints, this can involve reviewing the evidence from both sides, the relevant Code of Practice and applicable consumer law.
If the issue remains unresolved after you have raised it with the dealer, The Motor Ombudsman may be able to consider the dispute where the business is accredited to the Vehicle Sales Code. This can help where there is disagreement about the fault, the vehicle’s condition at sale or the remedy being offered.
You can also read more about if car reservation fees are refundable, disputing a car repair bill or what to do if a car dealership has overcharged you.
