Buying From a Private Seller vs a Dealer: Your Rights

When you buy a used car from a dealer, the Consumer Rights Act 2015 says it must be of satisfactory quality, fit for purpose and as described, and you can reject a faulty car for a full refund within 30 days. When you buy from a private seller, the car only has to match its description and the seller must own it, so you have far fewer rights if a fault appears. Buying from a dealer online or at a distance usually adds a 14-day right to cancel.

Buying from a dealer: the Consumer Rights Act 2015

Any business selling you a car, whether a franchised dealer, a used car lot or a trader working from home, must meet three standards:

• Satisfactory quality, judged against the car's age, mileage and price. A ten-year-old car with 100,000 miles isn't expected to be perfect, but it shouldn't have a serious fault the dealer didn't tell you about.
• Fit for purpose, including any specific purpose you told the dealer about, such as towing a caravan.
• As described, meaning it matches the advert, what the salesperson said and the paperwork.

The dealer must also have the right to sell the car. Citizens Advice notes you aren't covered for faults that were pointed out to you before you bought, faults you should have spotted on a reasonable inspection, or normal wear and tear for the car's age and mileage.

The first 30 days: short-term right to reject

Section 22 gives you 30 days to reject a car that doesn't meet those standards. The clock starts the day after you take delivery. If you reject in time, you're entitled to a full refund with no deduction for use. Tell the dealer in writing that you're rejecting the car, and stop using it apart from returning it.

If you agree to a repair within the 30 days, the clock pauses while the car is being repaired. If the repair doesn't fix the problem, you get the rest of the 30 days or at least 7 days after the car comes back, whichever is longer.

Up to six months: the burden is on the dealer

After 30 days, the dealer gets one chance to repair or replace the car. If that fails, or isn't done within a reasonable time and without significant inconvenience, you can choose the final right to reject or a price reduction.

Under section 19, a fault that appears within six months of delivery is assumed to have been there at the start, unless the dealer can prove otherwise. Cars are treated differently from most goods on refunds: section 24 allows a deduction for the use you've had of a motor vehicle even within the first six months. Which? suggests a rough guide of 20p to 40p a mile, but it's open to negotiation.

After six months

Your rights continue, but you now have to show the fault was present, or developing, when you bought the car. An independent engineer's report is usually the evidence that settles it. You can bring a claim for up to six years from purchase in England and Wales, or five years in Scotland.

Buying from a dealer online or at a distance

If you buy from a dealer without visiting in person, for example online or over the phone with home delivery, the Consumer Contracts Regulations 2013 add a separate right to cancel:

• You have 14 days from the day you receive the car to cancel for any reason, not only for faults.
• The dealer must refund you within 14 days of getting the car back, or of you providing evidence that you've returned it.
• The dealer can deduct for any loss of value caused by handling beyond what's needed to check the car, which for a car usually means mileage beyond a reasonable test drive.
• If the dealer didn't tell you about the right to cancel, the cancellation period can be extended by up to 12 months.

These rights sit on top of your Consumer Rights Act rights. If you viewed and test drove the car at the dealer's premises before agreeing the sale, it's generally not a distance contract, and the 14-day right won't apply.

Dealer finance and card payments

If the dealer arranged hire purchase or PCP, the finance company is legally the supplier of the car, so you can take a claim to the finance company as well as the dealer. Paying part of the price on a credit card can add Section 75 protection for purchases between £100 and £30,000.

Buying from a private seller: "as described" and not much more

A private sale is mostly "buyer beware". The Consumer Rights Act doesn't apply, and there's no requirement for the car to be of satisfactory quality. What you do have:

• The car must match its description. Under the Sale of Goods Act 1979, the car must match what the seller said in the advert and in person. An advert saying "one owner" or "full service history" when that's untrue is a breach.
• The seller must have the right to sell it. If the car was stolen or the seller didn't own it, you can ask for your money back. The Hire Purchase Act 1964 also protects private buyers of cars on undisclosed finance in many cases; see our outstanding finance guide.
• Misrepresentation. If a false statement of fact, such as "never been in an accident" or "the cambelt was changed last year", persuaded you to buy, the Misrepresentation Act 1967 can let you undo the sale or claim damages. Under section 2(1) the seller is liable unless they can show they had reasonable grounds to believe the statement was true.

What you don't get: a claim for a fault the seller didn't know about and didn't misdescribe. A private seller doesn't have to point out problems. They only have to answer questions honestly and not lie in the advert.

Ask your key questions in writing, by text or message: accident history, finance, service history and known faults. A private seller's written answer is the strongest evidence you'll have if something turns out to be untrue.

Unroadworthy cars

Section 75 of the Road Traffic Act 1988 makes it a criminal offence for anyone, private seller or dealer, to sell a car in an unroadworthy condition. There are defences, for example if the seller had reasonable cause to believe it wouldn't be used on the road, such as a car clearly sold for parts. This is criminal law rather than a refund right, but it's worth knowing if a car is dangerous from the day you buy it.

Traders posing as private sellers

Some dealers advertise as private sellers to avoid their obligations. Under the Digital Markets, Competition and Consumers Act 2024, falsely presenting yourself as a consumer when you're acting as a trader is banned outright. If the seller has several cars for sale, the V5C isn't in their name, or the same phone number appears on many adverts, you're probably dealing with a trader, and you then have full Consumer Rights Act rights. Report it to Trading Standards through the Citizens Advice consumer helpline.

Auctions

Rights at auction are limited. At a public auction you can attend in person, most Consumer Rights Act rights don't apply, although the car still mustn't be misdescribed. Read the auction house's terms before you bid.

Private seller vs dealer: the trade-off in brief

• Price: private sales are usually cheaper, because you're paying less for less protection.
• Faults: a dealer is responsible for faults present at sale; a private seller usually isn't.
• Returns: dealers give you 30 days to reject a faulty car, and 14 days to cancel a distance sale; private sellers give you nothing unless the car was misdescribed.
• Evidence: with a private sale your protection depends heavily on written evidence, so screenshot the advert and keep every message.

Whichever you choose, the same pre-purchase checks protect you: MOT history, the V5C, a stolen check and a history check. Our used car buying checklist covers them in order. A paid history check is especially useful in a private sale, where you have least comeback: carVertical's GB report can include mileage records, damage records, write-off category and outstanding finance where records exist, at £31.99 with the code KALOGB (see the code page).

What to do if something goes wrong

1. Stop using the car if it's unsafe, and write down what happened and when.
2. Complain in writing to the dealer or seller, stating the problem and what you want: rejection, repair or refund.
3. Get evidence, such as an independent inspection report, the advert and your messages.
4. Escalate with a dealer to its trade association or the Motor Ombudsman if the dealer is signed up, and to the finance company if you bought on finance.
5. Consider the small claims court in England and Wales for claims up to £10,000, if negotiation fails.

For free help, contact the Citizens Advice consumer helpline on 0808 223 1133.

This is general information, not legal advice.