Thinking of buying a second-hand car? You’re not alone. The latest figures show that motorists in the UK bought around 9.14m cars in 2024, of which more than 7.2m were used cars.
Buying a second-hand car comes with various benefits, such as lower upfront costs, fewer registration fees and cheaper insurance premiums, which all contribute to their appeal.
However, buying a used vehicle comes with bigger risks should things go wrong, and buyers are subject to different legal protections depending on the circumstances.
A sellers’ obligations depend on whether they are selling the vehicle as part of a commercial dealership or as a private seller.
Private sellers are not subject to the same stringent consumer protection laws as dealerships.
In this blog, we look at seller’s responsibilities when selling a used car and consider what rights a buyer has when purchasing a second-hand vehicle.
What are a private seller’s obligations when selling a used car?
If you are selling a used car privately, you must:
- Be able to show you have the legal right to sell the car.
- Give a truthful and accurate description of the car.
- Show the vehicle is roadworthy (unless stated otherwise).
- Provide the necessary paperwork.
- Notify the Driver and Vehicle Licensing Agency (DVLA).
In these circumstances, it is a case of ‘buyer beware’, which means it is the buyer’s responsibility to ensure they are satisfied with the vehicle before they commit to the purchase.
Buyers of used cars from private sellers who discover a problem with it after the sale has gone through can find themselves in a difficult position and often have limited forms of redress.
What are a dealer’s obligations when selling a used car?
Commercial dealers are subject to the Consumer Rights Act 2015, which came into force on 1 October 2015.
This Act says that anything consumers buy from a ‘business seller’, such as a car dealer, should be:
- Of satisfactory quality. Goods shouldn’t be faulty or damaged and must meet the standards that a reasonable person would expect in terms of their appearance, condition and durability.
- Fit for purpose. Consumers should be able to use the goods or services for the purpose for which they were supplied.
- As described. Any goods or services you purchase should match the description or sample provided when you committed to the sale.
Commercial dealers must also have the right to sell the vehicle, supply the necessary paperwork and provide accurate mileage readings.
If a car falls below those standards, the buyer has the right to return it within 30 days under the Consumer Rights Act 2015. If it breaks down within the first six months after purchase through no fault of the buyer, it may also be possible to recover the cost of any repair.
More information about selling a vehicle is available on GOV.UK by clicking here.
Top tips to consider when buying a second-hand car:
- Always undertake a physical inspection of the car and take it for a test drive.
- Keep a copy of the original advert that includes the vehicle’s description.
- Consider an independent mechanic check.
- Look at the car’s MOT documents and service history.
- Do an HPI check (also known as a vehicle history check), which will tell you whether a car has been stolen, written off or has outstanding finance.
- Paying with a credit card will afford extra consumer rights.
- Get things in writing wherever possible.
Consumer Rights Solicitors Near Me
If you have bought a car through a private sale that you are not happy with after the purchase, get in touch with our dispute resolution solicitors.
Our specialist civil litigation team have extensive experience in this area of law. There are different rights depending on where you bought the vehicle from and the description the seller gave.
We will advise on the best way to proceed and help you achieve the best possible outcome for your situation.
For more information, or to speak to one of our dispute resolution team, call Berlad Graham LLP today on 0330 175 5655 or email info@bglaw.co.uk.
