Bought a Lemon? Your Rights When Buying a Used Car (Dealer vs Private)

TL;DR: Too long, Didn’t read
  • The Golden Rule: Your rights depend entirely on who you bought it from.

  • Dealer: You are protected by the Consumer Rights Act 2015. If it breaks within 30 days, you can get a full refund.

  • Private Seller: It is “Sold as Seen” (Caveat Emptor). If it breaks 5 minutes later, it is your problem, unless they actively lied to you.

  • The “6-Month” Rule: If you bought from a dealer and a fault appears within 6 months, the law assumes the fault was there when you bought it. They must fix it.

You just bought a used car. It looked great on the test drive. Two days later, the “Check Engine” light comes on and smoke starts pouring out of the bonnet.

Can you just return it? The answer depends on one specific detail: Did you buy it from a business or a person?

Scenario A: Buying from a Dealer (Strong Rights)

If you bought from a registered trader (even a small independent lot), you have strong protection under the Consumer Rights Act 2015. The car must be:

  1. Fit for purpose (It must drive).

  2. As described (If they said it has Air Con, it must work).

  3. Satisfactory quality (Considering its age and mileage).

The 30-Day “Right to Reject”

If a significant fault appears within the first 30 days, you can reject the car and demand a full refund. You do not have to let them repair it.

The 6-Month Repair Rule

If a fault appears after 30 days but within 6 months:

  • You must give the dealer one chance to repair or replace it.

  • If the repair fails, you can then demand a refund (though they might deduct a bit for the usage you’ve had).

Scenario B: Buying from a Private Seller (Weak Rights)

If you bought from “Dave down the road” via Facebook Marketplace or Gumtree, the rules are completely different.

  • The Law: Caveat Emptor (Buyer Beware).

  • The Reality: The car is “Sold as Seen.”

If the engine explodes on the drive home, the seller does not have to refund you. It is your responsibility to check the car before you pay.

The Only Exception: Misrepresentation

You can only sue a private seller if they lied.

  • Example: The ad said “Full Service History” but it has none. Or they said “Never been in a crash” but it’s a Category S write-off.

  • What doesn’t count: If they just said “It runs great,” that is an opinion, not a fact.

A Quick Story: Meet Amir

  • Amir buys a Ford Fiesta from a private seller on Gumtree for £2,000.

  • He asks: “Is the clutch okay?” The seller says: “Seems fine to me.”

  • Day 3: The clutch fails. Repair bill: £600.

  • Amir demands a refund.

The Verdict: Amir loses. The seller didn’t lie (saying “seems fine” is an opinion). Because it was a private sale, the car was “Sold as Seen.” Amir has to pay for the repair himself.

Contrast: If Amir had bought it from a Dealer, the dealer would have to fix it for free because a clutch shouldn’t fail in 3 days.

Checklist: Before You Buy

Since private sellers offer no refunds, you must protect yourself:

  1. HPI Check: Pay £10 online to check if the car is stolen or written off.

  2. Test Drive: Listen for rattles. Check the oil cap for “mayonnaise” (white sludge).

  3. The “Cold Start”: Feel the bonnet before you start it. If it’s warm, the seller might have warmed it up to hide starting issues.

Summary: Who is the Seller?

  • Dealer? You have a 30-day safety net.

  • Private? You are on your own. Check everything twice.

(Sources: Citizens Advice – Buying a Used Car, MoneyHelper – Car Rights)

This guide is for information purposes only and is not legal advice. “Satisfactory quality” depends on the age/price of the car.