Short answer: buying from a dealer gives you strong legal rights if the car turns out to be faulty. Buying privately gives you very few. A private sale is often cheaper, but you are relying on your own checks before you pay, because there is little you can do afterwards.

This guide covers England, Wales and Scotland, in plain English. It isn’t legal advice. If something goes wrong, Citizens Advice can help for free.

Buying from a dealer

When you buy from a business, including a car supermarket or someone selling cars for a living from home, the Consumer Rights Act 2015 says the car must be:

  • of satisfactory quality, taking into account its age, mileage and price;
  • fit for purpose, including any purpose you told the dealer about;
  • as described, in the advert, by the salesperson and in the paperwork.

A ten-year-old car with 120,000 miles isn’t expected to be perfect. Normal wear for its age is fine. A fault that was there when you bought it, and that a reasonable buyer wouldn’t expect, is not.

Within 30 days: the right to reject

If the car was faulty when you bought it, you can reject it within 30 days of delivery and get a full refund. Tell the dealer in writing, as soon as you can, that you are rejecting the car.

After 30 days: repair or replace first

After 30 days, the dealer normally gets one chance to repair or replace the car. If that fails, or takes too long, you can reject it or ask for money off. If you reject it at this stage, the dealer can take off an amount for the use you’ve had of the car.

The 6-month rule

For the first 6 months, a fault is assumed to have been there when you bought the car, unless the dealer can show it wasn’t. After 6 months, it’s up to you to show the fault was there at the start, which is much harder. An inspection report from before you bought the car can help with this.

“Sold as seen” and “trade sale”

A dealer can’t take away your rights by writing “sold as seen” or “no warranty” on the paperwork. Be wary of a dealer who insists you sign that you are a trade buyer when you aren’t. A warranty is extra to your legal rights, not a replacement for them.

Buying from a private seller

A private sale is covered by the Sale of Goods Act 1979, and the rules are much weaker. The seller must:

  • have the right to sell the car, meaning it’s theirs to sell;
  • sell a car that matches how it was described, for example the mileage, the service history or “one owner”;
  • not lie about it, or mislead you.

There is no requirement for a privately sold car to be of satisfactory quality or fit for purpose. If the gearbox fails a week later and the seller didn’t say anything untrue, you will usually have no claim. And even when you do have a claim, getting money back from a private person can mean the small claims court.

Watch out for traders posing as private sellers

Some dealers advertise as private sellers to avoid their legal duties. Warning signs: several cars for sale on the same phone number, the seller’s name isn’t on the logbook, they want to meet somewhere other than their home, or they don’t seem to know the car’s history. If they are really trading, you have dealer rights, but proving it is hard. It’s easier to walk away.

Outstanding finance and stolen cars

If a car still has hire purchase or PCP finance on it, it legally belongs to the finance company until it’s paid off. A private buyer who bought the car in good faith is often protected and can keep it, but you may have a stressful dispute to get there. A stolen car can be taken back with no compensation. A paid vehicle history check shows outstanding finance, stolen markers and write-offs, and is worth running before you pay for any used car. See our guide to Cat S and Cat N write-offs.

How to protect yourself

  • Keep the advert. Take screenshots. If the car isn’t as described, the advert is your evidence.
  • Get key facts in writing. Mileage, owners, service history and “never been in an accident”. A text message counts.
  • Check the logbook (V5C). The seller’s name and address should match, and the VIN should match the car.
  • Check the MOT history free with our MOT history check: mileage, failures and advisories.
  • Run a paid history check for finance, theft and write-offs.
  • Get the car inspected before you pay, especially from a private seller.
  • Pay by bank transfer or card when you collect, not cash in advance, and get a written receipt with the seller’s details.

Why an inspection matters most in a private sale

From a dealer, the law gives you a way back if a hidden fault appears. From a private seller, it mostly doesn’t, so the time to find problems is before you hand over the money. Our inspectors come to the car, check up to 180 points, scan the car’s computer and road test it, and you get a written report with photos, often the same day. You can use it to negotiate the price, or to walk away. Inspections start from £69.99. See a sample report or book an inspection.