Buying a Used Car: Your Rights

Buying a used car is always a tricky proposition. It doesn't matter if it's last year's model or an old banger with plenty of miles on the clock; it's always a bit of a gamble. That makes it especially important to know your rights when you buy a used vehicle.

Buying From a Dealer

Buying a used car that you've seen advertised for sale outside someone's house can be extremely risky; it may not have any service history and you probably don't know anything about the owner.

Which Dealer?

Buying a used car from a dealer is safer, but of course not all dealers are 100% honest. When considering where to buy your used car, look for:

• An established dealer
• With a good reputation
• One that is a member a recognised trade association

The best place to start will often be to ask family and friends, and have a look on the internet for any reviews. Associations such as The Retail Motor Industry Federation or The Scottish Motor Trade Association will also be able to provide a list of their members.

History?

A good car dealer will be able to provide you with the V5 document (log book) for each car. This will list how many owners the car has had, the mileage and the age of the vehicle. Obviously this doesn't tell you about how well the owner has treated the car (e.g did they smoke in it), but will give you a picture of how "used" the used car actually is.

Some kind of service history is also extremely useful. If a vehicle has been regularly serviced it is more likely to remain reliable for longer. A service history could be in a book provided by the original manufacturer; the service provider will stamp the book and date it each time a service is carried out. An alternative to a service booklet could simply be a collection of the invoices for each service, these show the car's registration number, mileage and details of the work that was undertaken.

It is also important to check that the car is not stolen. You can easily check this by texting 'CAR' and the number plate to 83600 (www.CarTextCheck.co.uk) for a small fee; other firms carry out similar services. This is particularly important as the police can seize a stolen car and return it to the original owner. In that situation, you would have to make a civil claim against the dealer for your money back (which is not guaranteed, particularly if the dealer has disappeared, or has little money and has been imprisoned for theft).

Condition?

Most people wouldn't buy a house without assessing its condition; the same should therefore apply to purchasing a used car.

In order to properly assess the condition of a car, most people will need expert assistance in the form of a mechanic's report. Many car dealers will have their cars tested and provide you with an inspection report. If not, don't be afraid to ask for it.

Once you have the mechanic's inspection report, read it carefully. Is it from a reputable independent mechanic? Has the mechanic flagged any problems?

(Note: Used cars may pass as road worthy, but the mechanic should still flag if there are any worn parts that are likely to require replacement soon. You can then factor in the cost of this when negotiating the sale price.)

If the dealer does not arrange inspections, you could ask a local mechanic to carry out an inspection for you for a small charge to avoid situations such as the above. However if it subsequently turns out that your mechanic missed something in the report which later required repairing, your claim would be against your mechanic (for negligence / breach of contract) rather than against the dealer.

Protection if it all goes wrong

The Consumer Rights Act 2015 which came into force in October 2015 gives you protection when buying a used car.

The Act imposes a number of strict requirements on all goods sold:

• The goods must be of satisfactory quality (taking into account that it is used)
• The goods must be fit for purpose (i.e the car must be roadworthy and driveable unless described otherwise) including any purpose that you specify to the dealer
• The goods must match the description given at the time of purchase

This would be a breach of the Act requirements, as the vehicle does not match the description given at the time of purchase.

Any warranties or guarantees don't affect these rights.

Dealers cannot dis-apply statutory rights given by The Consumer Rights Act 2015 and so you will still have rights to recourse even if you do not have a warranty.

(Note: the Courts do allow agreements that disputes will be referred to mediation or arbitration.)

What Steps Can I Take?

0 - 30 days since purchase

If you bought a product less than 30 days ago is unfit for purpose, faulty or not as described, you have the right to return the product and receive a full refund.

30 days - 6 months since purchase

If a fault is discovered after the first 30 days but within 6 months of the date of purchase, the fault is presumed to have been there at purchase. It is for the retailer to prove that this was not the case, and not for you to try to prove that it was.

If it has been over 30 days since you purchased the product, you can choose for the retailer to either:

1. Repair the product, or
2. Replace the product

The retailer may however refuse if they can show that your choice is disproportionately expensive compared to the alternative.

You will be entitled to a full refund if repair or replacement is not possible, or is unsuccessful. You have to give the dealership a reasonable opportunity to try to fix the fault. However if they have tried to repair the vehicle more than once unsuccessfully, this requirement will have been fulfilled.

Over 6 months since purchase

If a fault is discovered over 6 months after the date of purchase, it will be for you to prove that the fault was there at the time of purchase. It is likely that an expert report would be needed to prove this.

Buying a used car could potentially be quite high risk. However as set out above, you can take steps to reduce this risk. The law will also provide you some protection and the new Consumer Rights Act helpfully sets out your rights in the event that something goes wrong.

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