Reject a faulty car from a dealer and get a refund
If you bought a car (new or used) from a dealer and it's faulty, the Consumer Rights Act 2015 gives you strong rights. The car must be of satisfactory quality, fit for purpose and as described, taking account of its age and mileage. If it isn't, you may be entitled to reject it for a refund, or to a repair or replacement. This applies to dealers, not private sellers, where your rights are much weaker. Acting quickly matters, so report the fault as soon as you spot it.
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Under the Consumer Rights Act 2015, goods bought from a trader, including cars, must be of satisfactory quality, fit for purpose and as described. If a fault appears, you have a short-term right to reject and get a full refund within the first 30 days. After 30 days but within the first six months, you must give the trader one opportunity to repair or replace, and if that fails you can claim a refund (which may be reduced for use after the first six months). A fault that appears within the first six months is generally presumed to have been present at purchase unless the dealer proves otherwise. If you paid any part by credit card and the cash price is over £100 and not over £30,000, Section 75 of the Consumer Credit Act 1974 may also make the card provider jointly liable; for debit cards or amounts outside those limits, the voluntary chargeback scheme may help. Unresolved disputes can go to an approved Alternative Dispute Resolution scheme, such as the Motor Ombudsman, and ultimately to the small claims court.
Step by step
- 1Report the fault to the dealer in writing immediately, describing the problem, the date you noticed it and the purchase date, and keep copies of all correspondence.
- 2Within the first 30 days, state clearly that you are exercising your short-term right to reject under the Consumer Rights Act 2015 and request a full refund.
- 3After 30 days, give the dealer one chance to repair or replace; if the repair fails or isn't done in a reasonable time, escalate to a refund or replacement.
- 4If the dealer refuses, raise a Section 75 claim with your card provider (if you part-paid by credit card and the price is over £100), use the Motor Ombudsman or another approved ADR scheme, and consider the small claims court.
What they'll say, and your comeback
“The car was sold as seen, so you have no comeback.”
Comeback, 'Sold as seen' does not override the Consumer Rights Act 2015 when buying from a dealer. The car must still be of satisfactory quality for its age and mileage, and this fault means it isn't.
“It's a used car, so you can't expect it to be perfect and we won't refund.”
Comeback, Satisfactory quality is judged against age, mileage and price, but a used car must still be free of faults beyond reasonable wear and tear. This is a genuine defect, so my Consumer Rights Act rights to reject or repair apply.
“You'll need to prove the fault was there when you bought it.”
Comeback, For faults appearing within the first six months, the law presumes the defect was present at purchase unless the dealer can prove otherwise. The burden is on the dealer, not me.
FAQ
Do I get a full refund or can the dealer deduct money?
Within the first 30 days you're entitled to a full refund. If you reject the car after the first six months, the dealer can make a fair deduction for the use you've had. A failed repair within the first six months should normally lead to a refund without a deduction for use.
What if I bought the car on finance?
If the car is on a hire purchase or conditional sale agreement, your contract is with the finance company, which is also liable for the car's quality. Direct your rejection and complaint to them as well as the dealer.
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A self-serve tool, not a law firm. General information, not legal advice.