Consumer Rights & Legislation

1. Scope & Applicability

• Applies to consumers (private individuals) buying from motor traders / dealers, not private sellers.
• Based on UK law — primarily England & Wales, with similar rights in Scotland and Northern Ireland.
• Statutory rights cannot be waived or overridden by contract.
• Distance (online) sales have additional rights — see Consumer Contracts Regulations 2013

2. Your Rights Under the Consumer Rights Act 2015

Under the Consumer Rights Act 2015 (CRA 2015), vehicles must:

• Be of satisfactory quality;
• Be fit for purpose;
• Match description / advert / sample.
  Full text of CRA 2015 (legislation.gov.uk)

Remedies include:

• 30-Day Right to Reject — full refund if a major fault appears
• Repair or Replacement — within 6 months, the trader gets one chance to fix/replace.
• Final Right to Reject or Price Reduction — if repair fails.
• Burden of Proof — in first 6 months, the fault is presumed present at delivery.
• 6-Year Claim Limit (5 in Scotland) for breach of contract.
• Deductions for Use apply to vehicles — CRA 2015 s. 24

3. Dealer Obligations & Prohibited Practices

Dealers must:

• Provide accurate and honest descriptions
• Ensure roadworthiness unless clearly sold for spares / repair;
• Hold legal title (no outstanding finance, not stolen);
• Supply promised docs (MOT, service history, V5);
• Avoid unfair contract terms (“sold as seen” disclaimers are unlawful);
• Comply with the Digital Markets, Competition and Consumers Act 2024 — effective 6 April 2025
• Be transparent about finance commissions and not mis-sell credit (Financial Ombudsman Service – Motor finance complaints)

4. Distance / Online Sales Regulations UK

If you buy remotely (online/phone):

• You must receive pre-contract information
• You get a 14-day cooling-off period from delivery
• Refunds due within 14 days of cancellation.
• Delivery must be within 30 days unless agreed otherwise

However, due to logistics and vehicle condition issues, practical return rights can be complex

5. Faults, Repairs, Refunds — Practical Steps

0-30 days
Reject car and claim full refund for major fault
30 days–6 months
One chance for repair/replacement; if it fails, refund or price reduction
6 months +
Must prove fault was present at sale

Other points:

• Dealer pays for remedy costs.
• Refund may be reduced for usage.
• Independent technical reports can help prove faults.
• Reasonable consequential losses (e.g. towing) may be recoverable.

6. Private Sales & Auctions

• Private sellers must only:
  • Have title to sell, and
  • Describe vehicle truthfully.
• No automatic guarantee of quality or fitness — “buyer beware.”
• Auction rights depend on specific sale terms.

7. Motor Finance & Credit

• Governed by Consumer Credit Act 1974
• Dealers must disclose all commissions from lenders.
• Undisclosed “secret commissions” = unlawful (The Guardian, Dec 2024)
• Complaints: See the Financial Ombudsman Service

8. Recent Legal Developments (2024–2025)

• DMCC Act 2024 strengthened Competition and Markets Authority (CMA) powers (unfair pricing, fake reviews) – in force 6 Apr 2025
• CMA can now take administrative enforcement
• Car finance redress ongoing. Financial Conduct Authority sets 4 December 2025 deadline for handling rising number of customer queries.

10. Legal References

• Consumer Rights Act 2015
• Consumer Contracts Regulations 2013
• Consumer Protection from Unfair Trading Regulations 2008
• Digital Markets, Competition and Consumers Act 2024
• Consumer Credit Act 1974
• The Motor Ombudsman
• Citizens Advice

Consumer Rights & Car Sales — FAQs