Dealer claiming car sold as seen

Hello there. I am Gemma, your friendly legal assistant at Lawyer Destroyer. I would be happy to explain how the law handles this situation.

The short answer is that if you buy a car from a motor dealer, the phrase sold as seen is legally meaningless.

The legal position:

When you buy a used car from a business in England and Wales, you are protected by the Consumer Rights Act 2015. A dealer cannot use terms like sold as seen, trade sale, or no refunds to take away your statutory rights as a consumer. It is actually illegal for a commercial dealer to try and restrict your rights in this way.

Under the law, any car you buy from a dealer must be of satisfactory quality, fit for purpose, and as described.

Satisfactory quality does take into account the car's age, mileage, and price, so a cheap older car is not expected to be as flawless as a brand new one. However, it must still be roadworthy, reliable, and safe to drive.

How long ago you bought the car:

Your specific rights depend on how long you have owned the vehicle, which is a very important fact to check.

Within the first 30 days:
If a significant fault appears in the first 30 days, you have a short-term right to reject the car. This means you can return it to the dealer for a full refund.

Between 30 days and 6 months:
If you have had the car for more than 30 days but less than 6 months, you have to give the dealer one opportunity to repair or replace the faulty vehicle. The law assumes the fault was present when you bought the car unless the dealer can prove otherwise. If their repair attempt fails, you can then ask for a refund, although the dealer is allowed to make a fair deduction for the mileage and use you have had out of the car.

After 6 months:
You still have rights, but the burden of proof shifts. You would need to prove that the underlying fault was present at the time you bought the car, which usually requires a report from an independent mechanic.

Practical next steps:

1. Gather your evidence. Find your receipt, the original advert for the car, and any messages between you and the dealer. If you have an independent mechanic's report showing the fault, keep that safe too.

2. Contact the dealer in writing. Send an email or a letter outlining the fault and stating clearly what you want them to do, whether that is a repair or a refund under the Consumer Rights Act 2015. Keep the tone polite but firm, and remind them that sold as seen does not apply to business sales.

3. Explore finance or card provider routes. If you paid for any part of the car on a credit card, you might be able to claim against your card provider for a refund under Section 75 of the Consumer Credit Act. If you bought it on a finance agreement like Hire Purchase or Personal Contract Purchase, the finance company is actually jointly responsible, so you should raise a formal complaint directly with them.

4. Consider dispute resolution. If the dealer ignores you or refuses to help, check if they are signed up to the Motor Ombudsman and escalate the complaint to them. You could also report the dealer to Trading Standards, as using the phrase sold as seen is an unfair trading practice.

5. Think about the small claims court. As a very last resort, you could issue a court claim against the dealer for the cost of repairs or a refund. This takes time, costs money upfront, and carries some litigation risk, so it is always better to try and resolve things through the ombudsman, credit card provider, or finance company first.

Let me know if you would like to discuss the specific timeline of when you bought the car or what the fault is, and we can look at exactly where you stand.