Your Legal Rights When Buying a Used Car

Buying a used car can be a risky business, so it's always worth knowing your rights should something go wrong.

Buying Privately

Unfortunately, you have few legal rights if you buy privately. However, the car must be as described, and so if a private vendor lies about the condition of a car, you can sue for your losses, although getting compensation from them can be difficult, time-consuming and expensive.

It's worth bearing in mind that some dealers may pretend to be private vendors in order to avoid their legal obligations and to get rid of over-priced or faulty cars. However, if the private seller does in fact turn out to be a dealer, then your full legal rights will apply.

There are a number of dealers working from home pretending to be private sellers. When phoning about a car you've seen advertised as a private sale, ask about "the car you have for sale" without specifying which one. If they ask: "Which car?", be on your guard; they've clearly got several vehicles for sale.

Buying From a Dealer

When you buy from a dealer, you are covered by the Sale of Goods Act 1979. This states that a car must be:

1. As described.
   For example, if the dealer says it's a 1.4-litre, and it's actually a 1.1-litre, you can reject the car.
2. Of satisfactory quality.
   This satisfactory quality should bear in mind its age, how it was described to you and what it cost. It should be free from defects, other than those the dealer made you aware of.
3. Fit for any reasonable purpose.
   This means that the car should do all that you reasonably expect of it, including any specifics agreed with the dealer. For example, if you told the dealer that you needed a car to tow your caravan, and they told you that a 1 litre supermini would be perfect for the job, you can reject the car if it struggles.

It's always worth getting a statement on the car's condition from the dealer; ask whether there is a pre-sale inspection checklist. You have six months from the date of purchase to reject the car if it turns out to be faulty. You should stop using the car immediately, and contact the dealer directly, following this up in writing and providing any evidence.

In 2003, the law changed so that the burden of proof fell to the dealer to prove that the vehicle was of satisfactory quality when it was sold. This means that the buyer should not need to seek an independent inspection.

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