Rights when sold faulty car by dealer

This is a common and often frustrating situation, but the law in England and Wales gives you reasonably strong protection when buying from a trader. Here is an overview of your legal position and practical options.

Your core legal rights:

The Consumer Rights Act 2015 is the main legislation that protects you when you buy goods from a trader. Under that Act, goods sold by a trader to a consumer must be of satisfactory quality, fit for a particular purpose, and as described. These are implied terms that apply automatically to every consumer sale, regardless of what the dealer's paperwork says.

Satisfactory quality means what a reasonable person would consider acceptable, taking into account the price, age, mileage, description, and all other relevant circumstances. A cheap older car with high mileage will be judged differently from a newer, more expensive one. However, even a cheap used car must be roadworthy and free from significant undisclosed defects.

Fit for purpose means the car must be suitable for driving. If you told the dealer you needed the car for a specific use and they confirmed it would be suitable, that adds a further layer of protection.

As described means the car must match whatever the dealer said about it, whether in an advert, verbally, or in writing.

The short-term right to reject:

Within 30 days of delivery, if the car has a fault that was present or developing at the time of sale, you have the right to reject the car and get a full refund. This is a powerful remedy and should be exercised promptly if you discover a significant fault early on.

After 30 days but within six months:

You lose the automatic right to reject, but you can still require the dealer to repair or replace the car. If the repair or replacement fails, or is not carried out within a reasonable time and without significant inconvenience, you then have the right to reject the car for a refund, though the dealer may make a reasonable deduction for the use you have had.

During this first six months, there is a legal presumption that any fault was present at the time of sale. The burden is on the dealer to prove otherwise.

After six months:

Your rights still exist, but the burden shifts to you. You would need to show that the fault was present or developing at the time of sale, which may require an independent inspection or engineer's report.

What does not affect your rights:

Sold as seen clauses or similar wording in the dealer's terms do not override the Consumer Rights Act 2015. A trader cannot contract out of these statutory implied terms when selling to a consumer. If a dealer tells you that you bought the car as seen and therefore have no comeback, that is wrong.

Similarly, the dealer cannot avoid liability by pointing to an MOT certificate or a vehicle check. These do not remove the dealer's obligations under the Act.

Finance agreements:

If you bought the car on finance, such as hire purchase or a personal contract purchase, you may also have a claim against the finance company under section 75 of the Consumer Credit Act 1974 (for credit card purchases over 100 pounds) or under the general principle that the finance company is the legal owner and supplier of the goods in a hire purchase arrangement. This can be very useful if the dealer is uncooperative or has gone out of business.

Practical steps:

1. Gather your evidence. Keep all paperwork including the sales invoice, adverts, any written communications with the dealer, MOT and service history, and photographs or videos of the fault.

2. Get an independent assessment if the fault is disputed. An independent mechanic or engineer's report will strengthen your position significantly, particularly if you are outside the first six months.

3. Write to the dealer clearly and promptly. Set out the fault, refer to your rights under the Consumer Rights Act 2015, state what remedy you are seeking (rejection and refund, or repair), and give a reasonable deadline for a response, typically 14 days.

4. If the dealer refuses to cooperate, consider contacting your local Trading Standards service via the Citizens Advice consumer helpline on 0808 223 1133. They can log a complaint and may investigate.

5. If you used finance, write to the finance company making a formal complaint and setting out your claim.

6. If informal resolution fails, consider alternative dispute resolution. Some dealers are members of trade bodies such as the Motor Ombudsman, which offers a free complaints process.

7. As a last resort, you can bring a claim through the county court. For claims up to 10,000 pounds this would be allocated to the small claims track, which is designed to be accessible without a solicitor. Court fees apply and vary depending on the claim amount.

Important factors that may affect your position:

The outcome can depend heavily on the specific facts, including the age and price of the car, the nature and severity of the fault, whether you had a pre-purchase inspection, how quickly you raised the issue, and what the dealer said or advertised. If you can share more detail about your situation, I can give you more tailored guidance.