Buying a used car can be a great way to save money, but what happens when you drive off the lot and quickly realise you’ve been sold a dud?
It’s a frustrating situation that leaves many wondering what they can do to resolve the issue.
The good news is, you do have rights and there are steps you can take to fix the problem.
In this guide, we’ll walk you through everything you need to know about what to do when a dealership sells you a bad used car, from understanding your rights to exploring your legal options.
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Understanding Your Rights as a Buyer
When it comes to buying a used car, your rights as a consumer are protected by law.
In the UK, the Consumer Rights Act 2015 plays a big role in ensuring that any car you purchase from a dealership must be “fit for purpose,” “as described,” and of “satisfactory quality.”
This means that even if you’ve bought a second-hand vehicle, it should be in a reasonable state for its age and mileage, and free from major faults you weren’t informed about.
If your car doesn’t meet these criteria, you could be entitled to a repair, a replacement, or a refund, depending on the circumstances.
These rights are not limited to brand-new vehicles, so even if you’ve bought a used car, you’re still covered. For more details on your rights, check out our page on what to do if a dealership sells you a faulty car in the UK.
What About “As Is” Sales?
It’s also important to know the difference between a car sold “as-is” and one sold with a warranty.
Many used cars come with a limited warranty from the dealer, but if the car is sold “as-is,” the dealer may try to argue that you accepted the risk of faults.
However, even with “as-is” sales, the car must still be roadworthy and not dangerous to drive.
If you’ve been misled about the car’s condition, or if the dealer failed to disclose significant issues, you may still have recourse.
Document the Issues with the Car
As soon as you notice something wrong with your car, the first step is to start documenting everything.
This will help build your case if you need to escalate the issue.
Keep Detailed Records
Save all paperwork related to the sale, including the bill of sale, any warranty documents, and any communication you’ve had with the dealership.
These records will be invaluable if you need to prove that the car wasn’t sold as described.
Take Photos and Videos
If you’ve noticed physical damage or visible issues with the car, take photos and videos as evidence.
Whether it’s a cracked engine part, leaks, or excessive rust, having visual proof will strengthen your case.
Get a Professional Inspection
If possible, have the car inspected by an independent mechanic.
They can provide a detailed report outlining any issues, which can serve as further evidence if you need to negotiate repairs, replacements, or even a refund with the dealership.
Contact the Dealership Immediately
Once you’ve gathered your evidence, it’s time to reach out to the dealership.
Keep in mind that it’s best to approach the situation professionally and calmly.
Starting with a respectful tone will often yield better results than being confrontational right from the get-go.
Request Repairs or a Replacement
Explain the issues with the car and present your evidence.
Depending on your situation, you can ask the dealership to repair the vehicle, replace it with a similar one, or offer you a refund.
Often, dealerships will agree to repairs as it’s usually the least costly option for them. To learn more about how dealerships might handle pricing negotiations or repairs, check out our page on how much a dealership will come down on price.
Use Written Communication
It’s a good idea to get everything in writing.
If you make phone calls, follow up with an email summarising what was discussed.
This way, you’ll have a record of all your conversations in case you need to escalate the issue later.
Explore Your Legal Options
If the dealership isn’t willing to resolve the issue, you may need to look at legal options.
Fortunately, there are several paths you can take if things reach that point.
Return or Reject the Vehicle
Under the Consumer Rights Act, you have the right to reject the car within the first 30 days of purchase if it has serious faults that weren’t disclosed.
If you’re within this timeframe, you can ask for a full refund.
After 30 days, you still have the right to request a repair or replacement, but the dealer may offer to repair the car first.
Seek Mediation or Arbitration
If the dealership refuses to cooperate, you can explore mediation or arbitration as a way to resolve the dispute without going to court.
These are neutral third parties who can help both you and the dealership reach an agreement.
It’s often quicker and less costly than a court case.
Involve Trading Standards
If mediation doesn’t work, or if you believe the dealership has acted unfairly, you can contact Trading Standards for advice and assistance.
They can help investigate if the dealership has broken the law and may be able to support your case.
Taking the Issue to Small Claims Court
If all else fails, your final option might be to take the dealership to small claims court.
This is usually a straightforward process, but it’s important to be prepared and know what to expect.
When to Consider Legal Action
Legal action should generally be your last resort.
If the dealership refuses to fix the car, offer a replacement, or refund your money, and if mediation has failed, then small claims court could be the next step.
How Small Claims Court Works
In small claims court, you’ll present your case to a judge.
You’ll need to provide all your documentation, including evidence of the car’s faults, your communication with the dealership, and any inspection reports.
The process is usually quick, and you don’t need a lawyer to represent you, although you can hire one if you wish.
What Compensation Can You Expect?
If the judge rules in your favour, you could be awarded compensation for repairs, the cost of a replacement car, or even a refund of the full purchase price.
You may also be reimbursed for any additional costs, like towing or inspection fees. To understand more about what’s involved in this process, take a look at our guide on how long it takes to service a car at a dealership.
Vehicle History Checks: How to Avoid Future Problems
While it’s important to know what to do when you’ve already bought a bad used car, it’s equally crucial to take steps to avoid future problems when purchasing another vehicle.
Check the Vehicle’s History
Always perform a history check on the car before you buy.
In the UK, you can use services like an HPI check to see if the car has any outstanding finance, if it’s been in a major accident, or if it’s been written off.
This can help you spot potential issues before they become your problem.
Get a Pre-Purchase Inspection
It’s always wise to have a car inspected by an independent mechanic before you finalise the purchase.
This can help you avoid cars with hidden problems that the dealership may not disclose.
Conclusion
Buying a used car that turns out to be faulty is never a pleasant experience, but by knowing your rights and acting quickly, you can often resolve the issue.
Whether it’s asking for repairs, pursuing legal action, or simply documenting everything from the start, you have options available to you.
Remember, it’s your right to have a car that is fit for purpose, even if it’s second-hand.
Taking the right steps can help you turn a bad car purchase into a better outcome.
FAQs
- What should I do if the dealership refuses to help?
You can escalate the issue by seeking legal advice, contacting Trading Standards, or even taking the dealership to small claims court. - Can I return a used car within 30 days?
Yes, under the Consumer Rights Act, you have the right to return the car within 30 days if it’s faulty and not as described. - What if the car was sold ‘as-is’?
Even if sold ‘as-is’, the car must be roadworthy and not dangerous to drive. If the dealership failed to disclose significant issues, you may still have legal recourse. - What are my chances of winning a small claims case?
If you have thorough documentation and can prove the car was faulty at the time of sale, your chances are fairly good. - Is there a time limit to file a claim?
Yes, generally, you must act within a reasonable timeframe, especially if pursuing a return or repair. Check specific legal guidelines for your area.
Are you looking to buy a new used car? Contact us today and we can help you!
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Your Next Ride Awaits at Car Knights
Explore our wide range of high-quality vehicles, from Audi’s, Toyota’s, Tesla’s, and Honda’s. Let us help you find the perfect car to fit your lifestyle and budget.
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