This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
Bought a car that developed a fault? Don't panic. Under the Consumer Rights Act 2015, you have strong protections. Learn your rights to refunds, repairs, and how to win your dispute against the dealer.
Buying a used car is a significant purchase, and discovering faults after completing the sale can be stressful. In England and Wales, specific legal protections apply when a vehicle you've bought from a dealer develops problems post‑purchase. These rights primarily arise under the Consumer Rights Act 2015 (CRA 2015) and empower you to seek repairs, replacements or refunds depending on the circumstances and timing of the fault. This guide explains your rights step by step, how to raise a complaint, time limits, and what you can realistically expect if things go wrong.
1. Understanding Your Legal Rights After Purchase
When you buy a used car from a business seller, such as a main dealer or registered independent trader, your contract is governed by the Consumer Rights Act 2015. Under this law:
- The car must be of satisfactory quality considering its age, mileage, price and description.
- It must be fit for purpose – suitable for use as a road vehicle and any specific purpose you told the seller about.
- It must be as described by the dealer, including in adverts, paperwork and verbal representations.
A fault that renders the car unsafe, unreliable or not as expected could indicate a breach of one or more of these statutory conditions. These rights apply whether the vehicle is new or previously owned, provided it was bought from a trader. They do not generally apply to private sales, where the law instead relies on general contract principles such as misrepresentation.
2. What Happens If Faults Appear Shortly After Purchase?
a. First 30 Days – Short‑Term Right to Reject
If a used car develops a fault within 30 days of purchase that means it was not of satisfactory quality, fit for purpose or as described, you are entitled to exercise your short‑term right to reject the vehicle and obtain a full refund. The dealer must provide the refund without undue delay and usually within 14 days of agreeing to do so.
The short‑term rejection right applies even if the fault only emerged after a few days' use, so long as it would have been present at the time of sale. You should notify the dealer promptly in writing that you are exercising this right under the CRA 2015.
b. After 30 Days but Within Six Months
If the car develops a problem after the first 30 days but within six months, the law presumes that the fault existed when the car was sold unless the dealer can prove otherwise. At this stage:
- You must allow the dealer one opportunity to repair or replace the vehicle.
- If repair or replacement fails (e.g., the same defect persists or a new substantial inherent fault arises), you can then ask for a refund or a price reduction reflecting lower value if you keep the car.
The refund in this scenario may be reduced to reflect how much use you've had from the car since purchase (sometimes referred to as a “use deduction”).
3. Common Fault Types and How They Are Treated
Used car faults can range from mechanical and electrical issues to problems mis‑described at the point of sale. Examples include:
- Persistent engine, transmission or brake system faults that substantially affect performance or safety.
- Electrical system failures, including warnings and dashboard faults that impair reliable use.
- Faults that render the car unroadworthy or likely to fail an MOT inspection.
Whether a fault is actionable depends on whether it meets the statutory criteria - i.e., the defect must be serious enough that a reasonable person would not accept it given the car's age, mileage and price. Minor cosmetic defects or wear consistent with reasonable use may not justify a remedy.
4. Dealer Obligations and Proof of Fault
Under the CRA 2015, once you complain within six months, the burden of proof initially lies with the dealer to show the fault was not present at the time of sale. If they cannot do so, they must remedy the defect. After six months, it becomes your responsibility to show the fault existed at the time of purchase or that it was latent and not reasonably discoverable.
This often involves independent inspection or expert reports to substantiate that the fault was pre‑existing rather than due to later wear and tear.
5. Private Sales and Auctions
Consumer rights under the CRA 2015 generally do not apply if you buy a used car from a private individual, including through online auctions or classified adverts. In such cases, the vehicle must simply be as described and the seller must not misrepresent its condition; beyond that, standard protections for quality and fitness do not apply.
If you were misled about the car's condition - for example, a material fact was falsely stated - you may have an action for misrepresentation under general contract law. This often involves proving what was said and how you relied on it in agreeing to the purchase.
6. Time Limits for Taking Action
- Within 30 days: Short‑term rejection for a full refund if the car is not satisfactory, fit for purpose or as described.
- Up to six months: Dealer must repair or replace, failing which you may seek a refund or price reduction.
- After six months and up to six years: You can still pursue remedies under the CRA 2015, but the burden of proof shifts to you to prove the fault was present at the time of sale.
Claims can be pursued through a formal complaint to the dealer, referral to Trading Standards or a dispute resolution body such as the Motor Ombudsman. If necessary, you may take the case to the county court or small claims track depending on the value involved.
7. Practical Steps After Finding a Fault
a. Document the Fault
Keep detailed records, including written notification to the dealer, photos, independent inspection reports and any correspondence. These support your position and evidence the defect's nature and timing.
b. Notify the Dealer Promptly
Contact the dealer in writing as soon as you discover the fault, explaining the defect and what remedy you seek (repair, replacement or refund). Reference the Consumer Rights Act 2015.
c. Allow One Repair Opportunity
If outside the first 30 days, the dealer has one chance to repair or replace the car. Be clear in communication and ensure any arrangements are confirmed in writing.
d. Escalate If Necessary
If the dealer refuses to comply, you can make a formal complaint, involve Trading Standards or use alternative dispute resolution schemes where available. If these fail, court action may be possible.
8. Common Misunderstandings About Faulty Used Cars
“Sold as seen” Cancels Rights
Even if a dealer labels a car as “sold as seen”, this does not override your statutory rights under the CRA 2015 if it was sold by a trader.
Minor Wear and Tear Is Not Always a Fault
Normal wear consistent with age and mileage does not usually constitute a breach of rights. Consumer law considers age, mileage and price when assessing whether a fault makes the car unsatisfactory.
Warranty Means No Dealer Liability
An extended warranty provided by a third party does not replace your statutory rights against the dealer. You can still pursue remedies under the CRA 2015 regardless of warranty terms.
Summary
If a used car you bought from a dealer in England and Wales develops faults after purchase, the Consumer Rights Act 2015 provides strong protections. Within 30 days, you can reject the car and obtain a full refund if it was not of satisfactory quality, fit for purpose or as described. Between 30 days and six months, dealers must repair or replace, with refunds or price reductions available if that fails. After six months, you can still take action but may need to prove the fault existed at the time of sale. Always document issues, communicate clearly in writing, and pursue formal remedies promptly to protect your rights.
