Buying a Car From a Dealer: Your Position
Buying from a dealer costs more than a private sale, and the difference buys legal protection that has real value if something is wrong with the vehicle.
The protections that apply
In most jurisdictions consumer legislation requires goods sold by a trader to be of satisfactory quality, fit for purpose and as described.
Satisfactory quality for a used car takes account of age, mileage and price — a high-mileage older vehicle is not expected to be faultless — but it must be roadworthy and free from significant undisclosed defects.
There is frequently a short initial period during which a faulty vehicle can be rejected for a full refund, followed by a longer period during which the trader may repair or replace.
The burden of proof commonly sits with the trader for an initial period, meaning they must show the fault was not present at sale.
What is not covered
Wear and tear consistent with the vehicle's age and mileage.
Faults that were pointed out and reflected in the price, which is why any disclosed defect should be recorded in writing on the invoice.
Damage caused after purchase.
Changing your mind, unless the sale was made at a distance or off-premises where cancellation rights may apply.
Warranties
A dealer warranty is additional to statutory rights and cannot reduce them.
Read what it actually covers. Many third-party used car warranties exclude wear-related failures, which is most of what goes wrong on a used vehicle.
Check claim limits, whether there is a contribution requirement, and whether servicing conditions must be met.
Before you buy
Run a history check regardless of the dealer's assurances.
Inspect and test drive properly, including at motorway speed if the vehicle will be used that way.
Ask for the service history and check it, and ask about any advisories on the last inspection.
An independent pre-purchase inspection is worthwhile even from a dealer, particularly for higher-value vehicles.
If something goes wrong
Report the fault in writing immediately, stating what it is and when it appeared.
Give the dealer the opportunity to inspect and, where the law provides for it, to repair. Having repairs done elsewhere first can complicate your position.
Keep all correspondence and any independent evidence such as a diagnostic report.
Where the dealer refuses, escalate through any trade association dispute scheme, then through the relevant consumer protection route.
Paying at least part of the price by credit card, where the amount qualifies, frequently provides an additional claim against the card provider.
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