Sold as seen defence for car refund

This is one of the most commonly misunderstood areas of consumer law, and the short answer is no, a dealer cannot use "sold as seen" to override your statutory rights.

Legal position:

When you buy a car from a trader (as opposed to a private individual), the Consumer Rights Act 2015 applies. This Act implies certain terms into every contract between a trader and a consumer, and these terms cannot be excluded or restricted by any notice, term, or statement, including "sold as seen," "no refunds," or "trade sale."

Under the Consumer Rights Act 2015, the car must be:

1. Of satisfactory quality, taking into account its age, price, mileage, and description. This covers things like the general condition, safety, durability, and freedom from minor defects.

2. Fit for a particular purpose, if you made a specific purpose known to the dealer and relied on their skill or judgment.

3. As described. If the dealer described the car in a particular way, for example in an advert or verbally, it must match that description.

If the car fails to meet any of these standards, the dealer is in breach of contract regardless of any "sold as seen" disclaimer.

Your rights if there is a fault:

Within the first 30 days from delivery, you have a short-term right to reject the car and get a full refund if it does not meet the statutory standards.

After 30 days but within six months, you must give the dealer one opportunity to repair or replace the car. If that fails, you can then claim a refund (which may be subject to a deduction for use in some circumstances).

Within the first six months, there is also a presumption that any fault was present at the time of delivery. This means the dealer has to prove the fault was not there, rather than you having to prove it was.

After six months, the burden shifts to you to show the fault was present or developing at the time of delivery.

Important distinctions:

The Act does not mean the car has to be perfect. It must be of a quality that a reasonable person would regard as satisfactory given the age, mileage, and price. A cheap, high-mileage car is expected to have more wear and tear than a nearly new one. So context matters.

Fair wear and tear is not a fault. If the clutch goes after 80,000 miles and that is within normal expectations, that is unlikely to amount to a breach. But if a significant fault appears which a reasonable buyer would not have expected given the car's age, mileage, and price, you have a claim.

The "sold as seen" position only legitimately applies to private sales between two private individuals, where the Consumer Rights Act does not apply and the buyer relies largely on their own inspection. Even in a private sale, the car must still match any description given and must not have been misrepresented.

What about dealers who claim to be selling as a private seller:

Some traders try to disguise themselves as private sellers to avoid their obligations. This does not work. If someone is selling cars in the course of a business, they are a trader for the purposes of the Act, regardless of what they call themselves.

Practical next steps if you are in this situation:

1. Write to the dealer clearly setting out the fault, when it appeared, and what remedy you are seeking (refund, repair, or replacement depending on the timeframe).

2. Reference the Consumer Rights Act 2015 and state that "sold as seen" does not affect your statutory rights.

3. Give a reasonable deadline for a response, typically 14 days.

4. If the dealer refuses to engage, you can escalate. Options include contacting your local Trading Standards (often via Citizens Advice Consumer Service on 0808 223 1133), using alternative dispute resolution if available, or bringing a claim in the county court under the small claims track if the amount is within the limit (currently up to £10,000 in England and Wales).

5. Gather and preserve evidence of the fault, including photographs, independent inspection reports or diagnostic reports, and any correspondence with the dealer.

If you can give me more detail about the specific situation, such as the price, age, mileage, the fault, when it appeared, and what the dealer has said, I can give you a more tailored view of where you stand and the best approach.