Rejecting a Faulty Used Car: A Practical Consumer Guide

When you buy a used car from a dealer in England and Wales, the law provides important protections if the vehicle turns out to be faulty, unsafe, not as described, or otherwise fails to meet reasonable expectations. This article explains your rights, how to reject a faulty car under the Consumer Rights Act 2015, and what steps you can take if the dealer disputes your claim.

Understanding Your Legal Rights When Buying a Used Car

Consumer Rights Act 2015 – Core Protections

If you buy a used car from a business seller, such as a car dealership or a used car forecourt, your purchase is covered by the Consumer Rights Act 2015 (CRA 2015). This applies to cars bought on or after 1 October 2015. Under the CRA 2015:

• The car must be of satisfactory quality, taking into account its age, mileage, price, and description.
• It must be fit for purpose (e.g. able to perform basic functions safely and reliably).
• It must be as described - matching any specifications, features and representations made by the dealer prior to sale.

These standards apply equally to new and used vehicles bought from a trader.

If the car does not meet one or more of these criteria, the seller has breached the contract and you have statutory remedies available.

The Right to Reject: First 30 Days

What Is the Short‑Term Right to Reject?

Under the CRA 2015, you have a statutory right to reject the car within 30 days of the date of purchase if it is faulty, unsafe, not fit for purpose, or not as described. This is often called the “short‑term right to reject”.

When Can You Reject the Car?

You can reject the car if:

• A fault is discovered that was present at the time of sale or that would make it unsatisfactory to a reasonable person considering its age, mileage and price.
• The car fails to match the description provided by the dealer, whether in an advertisement or during sale discussions.
• The vehicle is not fit for ordinary use or special purposes you told the trader about.

It is not enough to reject the car simply because you have changed your mind or because of minor cosmetic issues that are consistent with age and reasonable use.

Full Refund on Rejection

If you successfully exercise your right to reject within 30 days, the dealer must give you a full refund. No deductions should be made for mileage, wear and tear, or the time you had the car - provided the rejection is valid and timely.

After 30 Days: Repairs, Replacement or Refund

Between 30 Days and Six Months

If a fault appears after the first 30 days but within six months of purchase, the dealer must offer a repair or replacement. The law presumes (unless the dealer can prove otherwise) that faults arising in this period were present at the time of sale.

If the dealer fails to repair or replace the car satisfactorily, you may then be entitled to a refund or a price reduction reflecting the diminished value of the vehicle. The dealer generally has only one opportunity to attempt to repair or replace the car during this period.

After Six Months

After six months, it becomes your responsibility to show that a fault existed at the time of purchase. This can be challenging but may still be possible if you have evidence.

Who the Rights Apply To

Cars Bought from Dealers

All the rights described above apply where you buy a used car from a registered trader or dealership. The CRA 2015 protections apply regardless of where or how you buy the car - in a showroom, online, by phone, or at auction - so long as the seller is a business.

Cars Bought from Private Sellers

If you buy a car from a private individual (not a business), consumer law does not generally apply in the same way. In private sales, the contract is governed by general contract principles - mainly the requirement that the car must be as described. The phrase “buyer beware” applies: you usually cannot reject a privately bought car simply because it is faulty after purchase. However, if the seller misrepresented the car or gave false information that influenced your decision, you may have a claim for misrepresentation under general contract law.

Practical Steps to Reject a Faulty Used Car

1. Notify the Dealer Promptly

As soon as you identify a fault, contact the dealer. Explain clearly that you believe the car is not of satisfactory quality, fit for purpose, or as described. Provide details of the issue and, if possible, evidence such as inspection reports, photos, or correspondence.

2. Put Your Rejection in Writing

If you intend to reject the car, it is best to do so in writing - for example by email or letter - and send it to the dealer using recorded delivery so there is a clear record of your notification. Specify that you are exercising your right to reject under the Consumer Rights Act 2015.

3. Return the Vehicle

You will usually be expected to return the car to the dealer as part of the rejection process. Arrange to hand it over and obtain a receipt or confirmation.

4. Escalate If Necessary

If the dealer refuses to accept your rejection, insists on repairs first, or disputes your claim, you can take further action:

• Trading Standards: Report the issue to your local Trading Standards office.
• Alternative Dispute Resolution (ADR): Some dealers are members of ADR schemes that can help resolve disputes.
• Small Claims Court: If necessary, you can pursue a claim in the county court for breach of contract or misrepresentation.

Time Limits and Evidence

• 30‑day window: You must reject the car within 30 days to secure a full refund under the short‑term right to reject.
• Six‑month presumption: Within six months, faults are presumed to have existed at the time of sale unless the dealer proves otherwise.
• Beyond six months: You may still pursue remedies, but you will typically need stronger evidence, such as independent mechanic reports or diagnostic records.

Keep all receipts, written correspondence, photos and diagnostic reports to support your claim. These form important evidence if you need to escalate the dispute.

Common Misunderstandings

“Sold as seen” Means No Rights

Phrases like “sold as seen” or similar disclaimers in used car sales do not override statutory rights when you buy from a dealer. Statutory protections under the CRA 2015 still apply, and the dealer cannot use disclaimers to avoid liability for breaches of the Act.

Minor Wear and Tear

Not every imperfection amounts to a breach of your rights. Courts and tribunals consider age, mileage, price and overall condition when deciding whether a car is of satisfactory quality. Normal wear that is consistent with the car's details may not be actionable.

You Have No Rights After 30 Days

While the short‑term right to reject expires after 30 days, you still have important rights up to six months (and beyond) for repair, replacement or refund, depending on the circumstances.

Key Takeaways

If you buy a used car from a dealer in England and Wales and it turns out to be faulty, unsafe, or not as described, the Consumer Rights Act 2015 gives you a statutory right to reject the car within 30 days and obtain a full refund. Beyond 30 days, you can seek a repair, replacement or refund if the dealer cannot fix the fault. Your rights are strongest within the first six months, when defects are presumed to have existed at the time of sale. Private sales have limited statutory protection, but misrepresentation claims may still be possible. Acting promptly, documenting issues and knowing your rights helps you assert your position effectively.