Consumer Rights Act 2015: Used Cars Dealer Liability Explained
Under the Consumer Rights Act 2015, anyone buying a used car from a business seller — whether it’s a dealership, trader, or garage — benefits from significant legal protections, even if no “warranty” is offered separately. Here’s what it means in plain legal terms:
1. Does the Seller Have to Provide a Warranty?
No, not necessarily.
- There is no legal obligation for a car dealer to provide a separate warranty (such as a 3-month or 12-month warranty) with a used car.
- A warranty is an additional, voluntary service contract — it’s separate from your statutory rights.
However:
- Even without a warranty, the dealer is legally responsible for the car being of satisfactory quality, fit for purpose, and as described under the Consumer Rights Act 2015.
👉 In other words, your rights exist automatically — whether the car comes with a “warranty” or not.
2. What Are You Entitled to Under the Law?
🚨 When you buy from a dealer, the car must be:
- Of satisfactory quality — reasonably reliable and free from serious faults, considering the car’s age, mileage, and price.
- Fit for purpose — it should perform the functions you’d reasonably expect a car to perform.
- As described — any claims made in advertisements, on the forecourt, or by the salesperson must be accurate.
3. What Happens If a Fault Appears Within Six Months?
Here’s where it gets important:
- If a fault appears within the first six months, the law presumes that the fault was present at the time of sale — unless the dealer can prove otherwise.
- This is called the “reverse burden of proof” and heavily favours the consumer.
✅ As a result, you are legally entitled to:
- A repair or
- A replacement, or if that’s not possible or proportionate
- A full or partial refund
You don’t have to prove the fault existed when you bought the car — the dealer must prove it wasn’t already there if they want to deny liability.
4. Are Dealers Always Liable for Any Fault?
Not always. Here’s where it can get more nuanced:
- The Consumer Rights Act expects you to have reasonable expectations for a used car.
Example: You can’t reasonably expect a 10 to15-year-old car or older with 100,000 – 150,000 miles or more to be fault-free. - Minor issues related to fair wear and tear, or faults you were told about and accepted before purchase, generally won’t qualify for a claim.
- If a buyer causes the fault after purchase (e.g., by abusing the vehicle), the dealer isn’t liable.
- If seller misdescribes the car it’s different matter
5. How Should a Consumer Raise a Fault?
If something goes wrong within the first six months:
- Notify the dealer immediately.
- Allow them the opportunity to repair or replace the car.
- If the dealer refuses, you may escalate with formal complaints, Alternative Dispute Resolution (ADR), or even through County Court action if necessary.
- Have reasonable expectations about used car
Keeping written records of communication and obtaining an independent inspection report (if needed) will help strengthen your case.
In Summary
| Topic | Summary |
|---|---|
| Warranty obligation | No — not required by law; separate from legal rights. |
| Legal protection | Yes — automatically covered under the Consumer Rights Act 2015. |
| Fault within 6 months | Presumed to have been present at sale unless proven otherwise. |
| Seller’s responsibility | Repair, replace, or refund based on fault severity. |
| Consumer’s reasonable expectations | Age, mileage, price, and usage all matter. |
Final Thoughts (as a legal professional)
- A warranty is nice to have but not necessary — you are protected by law regardless.
- Six months is a key window where the dealer carries the burden to prove faults weren’t pre-existing.
- Always document any faults and communications, and seek legal advice if the dealer refuses to cooperate.
Bottom Line:
Car dealers must stand behind the cars they sell for at least the first six months — regardless of whether they offer a warranty — because that’s your legal right under the Consumer Rights Act 2015.
Buying a used VW. Buying used vauxhall, BMW, Jaguar, Ford, Volvo, Range rover, Bentley, Aston Martin, Porsche, Ferrari, Lamborghini, Maserati, Hyundai, Tesla, Honda, Pagani