Buying used can be a great way to bag a bargain – but it can also be a bit of a minefield. Before beginning your quest to find the perfect set of pre-loved wheels, make sure you understand your consumer rights when buying a second hand car.
Here, we take you through the differences in consumer protections that apply when buying from a dealership, a private sale, or auction – and how things change if the sale is online.
Buying from a dealer.
If you’re buying from a recognised dealer, then your purchase is protected by the 2015 Consumer Rights Act. This means you’re eligible for a full refund if the car proves to have a serious fault within 30 days of buying it.
It doesn’t have to be perfect – but it does have to:
- Be roadworthy
- As described and in a condition that matches its mileage and the price paid.
- Fit for the purpose you’ve told the dealer you’re buying it for.
Problems judged to have been caused by wear and tear don’t count – and neither do ones you were told about.
What happens after 30 days?
Even after 30 days, you can still request a repair or replacement within the six months – as long as it’s due to a problem that was already present at the time of sale (it’s up to the seller to prove it wasn’t).
If they can’t successfully repair the problem in one attempt, you’re due a refund (but this will be adjusted down from the price you paid based on how much use you’ve had out of the car).
If the problem only comes up after 6 months (or 5 in Scotland) , you can still request replacement or repair – but in this case it’s up to you to prove that the problem was there when you bought the car (which could be pretty tough to do).
How do I actually get my repair or refund?
Hopefully, the dealer will play ball and offer refunds or repairs according to the rules above. If they don’t, you need to go to the ombudsman.
You’ll want to keep details of all your communication and evidence the problems so you can show why the car is not roadworthy, as described or in reasonable condition for its age and mileage.
Buying from a dealer online.
If you buy from a dealer online all of the consumer rights apply as if you’d done so in person – but you also get a bit of extra protection. As long as you bought the car entirely online without seeing it, you get a 14 day cooling off period. In this time you cancel the contract and get a refund – no questions asked.
So, unlike buying in person, you can get a refund simply because you changed your mind – even if there isn’t fault with the car.
Private sales.
When it comes to consumer rights for private sales of second hand cars, ‘caveat emptor’ applies. And no, that’s not a spell from Harry Potter. It means ‘buyer beware’. This is because cars sold privately are considered to be ‘sold as seen’.
Essentially when you buy the car, you’re accepting it just the way it is. And that would be a very nice attitude if you were in a pivotal scene of a beloved rom com. But the reality is, unless you really know your way around cars you may not have a very good idea of what you’re getting into. Hence the whole ‘beware’ bit of ‘buyer beware’.
Obviously, there are still some standards in place to protect you.
- The car has to be roadworthy (unless they have very clearly described it as not beings so).
- The seller can’t explicitly lie (but if they don’t mention a problem, it’s up to you to find it).
- They have to have the right to sell it to you in the first place.
As you can see, a lot depends on what you’re told about the car before you buy it – so it’s important to get it all in writing and keep records.
Even if they have broken the above principles, getting your money back won’t necessarily be straight forward. If they refuse to refund you, you can then go through the small claims court.
Private sales online.
If you buy a car privately online, the rules are just the same as if you bought it in person. There isn’t a cooling off period like when buying from a dealer online.
Buying at auction.
You can check the terms and conditions of the auction house, but like a private sale, cars sold under the hammer are considered to be ‘sold as you seen’ – giving you very little consumer protections when buying a second hand car at auction.
Whether the auction is in person or online, it’s generally considered one of the riskiest ways to buy a car.
