Buying Advice Guide
We've gathered some helpful advice for purchasing a pre-owned vehicle
Wherever you’re buying, it’s best not to sign anything or hand over any money until you’re absolutely happy. There will be other, similar cars available so there’s no need to take the risk if you feel uneasy.
- If you have any doubts about the car or its history then it’s safer not to proceed.
- Even if the law is in your favour, recovering your money through the courts can be expensive and time consuming.
- Your rights will depend on where you buy. You’ll have less protection if you buy privately or from an auction compared to buying from a dealer.
- Dealers are generally the safest route to a new car – maximum legal protection with the least risk.
- Dealers are obliged to prepare the car before offering it for sale, including verifying the accuracy of the recorded mileage.
Buying a used car at a live auction
Whilst buying used cars at auctions can often be cost effective, it can entail risks, so you should be aware of the limited legal protection before you get caught out. This can include limited information about the vehicle’s history, potential undisclosed issues, and the absence of warranties or guarantees. Some auctioneers offer protection however it is important you check first. Here are our tips:
Check the specific terms and conditions of the auction before bidding
if your rights under the sale of goods act are excluded then you're buying 'sold as seen' and should check the car over thoroughly before bidding.
The auctioneer won't be liable for any issues
Generally the auctioneer won't be liable if the seller doesn't have the right to sell the car in the first place – if it is stolen for example. Any comeback you may have will be against the seller themselves, if you can find them.
Some auctions offer guarantees or insurance
Some auctions offer 'guarantees' or 'insurance' for an extra sum, but any rights are limited, so check the wording on any paperwork carefully.
There may be a cooling off period
There may be a cooling off period too but this is likely to be very short.
Unfair trading regulations
Giving false information
Either verbally, visually or in writing, for example misrepresenting the vehicle's specification or history at any time before, during or after the transaction
Giving insufficient information
Leaving out or hiding important information for example not disclosing the existence and results of all checks carried out on the vehicle's mechanical condition, history and mileage or failing to draw your attention to the key elements of any warranty, e.g. what's covered, claim limits and conditions to be followed.
Acting aggressively
For example using high pressure selling techniques to sell a vehicle or associated finance or warranty.
Failing to act
Failing to act in accordance with reasonable expectations of what's acceptable.
Banned Practices
31 specific practices are banned outright including: falsely claiming to be a signatory to a Code of Practice; falsely claiming to be approved, endorsed or authorised by a public or private body; falsely stating that a vehicle will only be available for a very limited time in order to elicit an immediate decision to buy.
Buying using cars online
Same rights as if buying in a dealership
Buying online from a dealer you have the same rights as you would if you walked into the dealership and bought face to face.
Your right to cancel and getting a refund
The Distance Selling Regulations give you the additional right to cancel your order within seven working days and receive a full refund within 30 days.
Online Auction 'buy it now'
The same applies if you buy from a dealer on a 'buy it now' basis using an online auction site.
Distance Selling Regulations require that:
Given clear information
You’re given clear information about the 'product' you are about to buy – this should include accurate details, delivery arrangements, supplier details and the full price including taxes and charges to cover extras such as delivery.
Written cancellation information
You should also be given written information about how to cancel your contract and a postal address.
Buying used cars privately
Check before you buy
It's up to you to ask the right questions and inspect the car thoroughly before you buy. It's a good idea to get a thorough car check to make sure there's no shady past.
Your legal rights are more limited
Be very wary if a private seller wants to meet you somewhere other than at their home, or if their name is not on the V5C registration document. A dealer pretending to be a private seller is committing a criminal offence.
Legal terms that cover private sales contract
- The seller must have the right to sell the car.
- The vehicle should match the description given by the seller.
- It is a criminal offence to sell an unroadworthy car and an MOT certificate from a test several months ago is no guarantee that the car is roadworthy today.
Consumer Right Act
The Consumer Rights Act came into force on 1 October 2015 and covers the purchase of goods, digital content and services including new and used cars from official dealers (it doesn’t apply to private sales) as well as servicing, repairs and maintenance work.
Products must be:
- Of satisfactory quality
- Fit for purpose, and
- As described
(For cars purchased before 1 October 2015 the Sale of Goods Act still applies.)
The dealer must have the right to sell the vehicle and is liable for faults with the vehicle. That means it was not of satisfactory quality that were present at the time it was sold even though they may only become apparent later on.
Satisfactory quality
Satisfactory quality means that the vehicle should be of a standard a reasonable person would expect, taking into account things like its age, value, history, mileage, make and description.
- An old car with high mileage wouldn’t be expected to be as good as a younger car with low mileage
- Each should still be roadworthy, reliable, and in a condition consistent with its age/price.
- If a vehicle turns out not to be of satisfactory quality, the remedy will depend on the time that has passed and the nature of the fault – It’s best to seek legal advice.
Wear and tear
Fit for purpose
Faults, repairs and refunds
Between 30 days and 6 months:
If a fault comes to light after 30 days but before 6 months you’re entitled to a repair, replacement or refund. It’s assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise.
- Unless you’ve agreed otherwise, the seller (dealer) has only one opportunity to repair (or replace) the faulty vehicle after which, if they fail to repair it, you’re entitled to a refund.
- In the event of a refund following a failed attempt at repair during the first six months the seller may make a reasonable adjustment to the amount refunded to take account of the use that you’ve had of the vehicle.
