You bought a used car from a dealer, and within weeks a warning light comes on, the gearbox slips or the engine starts misfiring. The dealer points you to the warranty company, the warranty company points to an exclusion, and you're left wondering who actually has to fix it.
The short answer: when you buy from a business, the law gives you rights against the dealer, whatever warranty they sold you. Here's how those rights work, step by step.
The law that protects you
In the UK, a car bought from a trader is covered by the Consumer Rights Act 2015. It says the car must be:
- Of satisfactory quality – judged against what a reasonable person would expect for its age, mileage and price. A ten-year-old car with 120,000 miles won't be perfect, but it shouldn't have serious hidden faults.
- Fit for purpose – including any purpose you told the dealer about, such as towing.
- As described – matching the advert and what the dealer told you, including the mileage, service history and spec.
If the car fails any of these, what you can do depends mainly on how long ago you bought it.
Within 30 days: you can reject the car
For the first 30 days you have a short-term right to reject. If the car has a fault that breaks the rules above, you can hand it back and ask for a full refund. Tell the dealer clearly, in writing, that you are rejecting the car. A refund should be paid without undue delay, and at the latest within 14 days of the dealer agreeing.
You can choose a repair instead if you'd rather keep the car. If you agree to a repair during the 30 days, the clock pauses while the car is with the dealer.
From 30 days to 6 months: one chance to put it right
After 30 days, the dealer gets one attempt at a repair or a replacement car. During the first six months the law assumes the fault was already there when you bought the car, unless the dealer can prove otherwise.
If that one repair fails, or isn't done within a reasonable time without major inconvenience to you, you can either:
- Reject the car for a refund – the "final right to reject". With cars, the dealer is allowed to take off a reasonable amount for the use you've had, or
- Keep the car and ask for money off the price.
After 6 months: you have to show the fault was there
After six months the burden flips. You can still claim, but you have to show the fault was present when you bought the car and isn't simply wear and tear. An independent garage report, fault codes and photos all help. In England, Wales and Northern Ireland you generally have up to six years to bring a claim (five years in Scotland), although the older and higher-mileage the car gets, the harder this becomes.
"But they gave me a warranty"
A warranty sold with the car, often a 3, 6 or 12-month policy from a separate company, is an extra. It doesn't replace your rights under the Consumer Rights Act. If the car wasn't of satisfactory quality when you bought it, your claim is against the dealer, and they can't insist you go through the warranty company instead. You can use the warranty if it's quicker for you, but you don't have to.
The same goes for "sold as seen" or "trade sale" notes on paperwork from a business selling to a consumer. They don't remove your legal rights.
If you bought on finance or by credit card
- Hire purchase or PCP: with these agreements the finance company is legally the supplier of the car, so your rights are against the finance company as well. Tell them about the fault in writing. If they don't sort it, you can complain to the Financial Ombudsman Service for free.
- Credit card: if you paid any part of the price on a credit card and the car cost between £100 and £30,000, Section 75 of the Consumer Credit Act can make the card provider jointly responsible with the dealer.
Bought privately or at an auction?
Your rights are narrower. A private seller only has to sell you a car that is as described and that they have the right to sell. They don't have to tell you about faults they weren't asked about, but they mustn't lie. Cars bought at a public auction that you could attend in person may not get the full Consumer Rights Act protection either, so read the auction's terms before you bid.
What to do, step by step
- Stop driving the car if the fault could make it unsafe or cause more damage.
- Contact the dealer in writing (email is fine). Describe the fault, say when it started and say what you want: rejection and a refund, or a repair.
- Keep evidence: the advert, invoice, messages, fault codes, photos, videos, recovery reports and any garage report.
- Don't let anyone else repair it before the dealer has had the chance to inspect it, unless it's an emergency. Otherwise you may weaken your claim.
- If the dealer won't help: check whether they belong to The Motor Ombudsman, which can deal with complaints about accredited dealers for free. If not, you can make a small claim through the courts. In England and Wales, claims up to £10,000 usually go through the small claims track, which you can start online.
- Get free advice from Citizens Advice (consumer helpline) if you're unsure where you stand.
Prevention is cheaper than a claim
Most of these disputes start with something the buyer couldn't see on the forecourt. Before you hand over any money:
- Run a history check on the reg. It shows whether the car has outstanding finance, has been recorded as an insurance write-off or stolen, and whether the mileage records add up, along with the full MOT history and advisories. That's what our check covers.
- Remember what a history check can't do. It shows what is on record. It can't tell you about the condition of the engine, gearbox or bodywork, or about repairs that were never recorded. For that, inspect the car in daylight, take a test drive, and consider an independent inspection on anything expensive.
- Check the paperwork matches. The V5C logbook details and VIN should match the car, and you should get a proper invoice from the dealer.
Every car listed on CheckedMotors already shows its history check on the ad, free to see. For a car anywhere else, you can look up the reg on our homepage.
Sources and further reading
- Consumer Rights Act 2015 (legislation.gov.uk)
- Citizens Advice: buying and problems with cars
- The Motor Ombudsman
- Financial Ombudsman Service
Check a car before you pay
Type any UK reg for a free lookup of the make, model, year and colour. The full history check (outstanding finance, write-off, stolen, mileage, MOT history) is £9.99 with an online report and PDF.
Check a reg free →This guide is general information, not legal or financial advice. Rules can change; for your own situation, speak to Citizens Advice or a solicitor.