Buying a used car can be a risky experience, so it is best to be fully aware of your rights should something go wrong.
Dealer
The law is clear; you are covered by the Sale of Goods Act 1979. A car must be:
- Of satisfactory quality, bearing in mind its age, what it cost and how it was described to you. It should be free from defects, other than those you were made aware of.
- As described. If the dealer says it's a 2.0-litre, and it's actually a 1.6-litre, you can reject the car. It's an increasingly common problem, as few modern cars have 'engine size' badges.
- Fit for any reasonable purpose. The car should do all that you reasonably expect of it, including any specifics you state to the dealer. If you need a car for towing, for example, and the dealer says a 1.0-litre mini will be fine, you can reject the car if it struggles.
Private:
You have far less legal comeback when buying privately. The only obligation for sellers is to describe the car truthfully - but even if they don't, getting compensation from them can be difficult, time-consuming and costly. However, you can still expect a car to be:
- Capable of passing an MOT, unless the seller specifies that it isn't.
- Owned by the person who is selling it - because if you later find out it's been stolen, you have no legal right to keep it.
Over the phone:
The first stage of this process is conducted over the phone - and if you get it right, it can save a lot of hassle and wasted time.
Questions you must ask (amongst others of your own):
- How long have they owned the car? Have they owned it from new? If not, how many previous owners are there?
- Why are they selling it?
- What is the mileage? What features does the car have? In their opinion, what sort of condition is it in?
- Is there an outstanding finance or hire purchase agreement?
- Does it have any MOT? If so, how much?
- Are there any service records, bills, old MOTs? (Use the latter to check mileage).
- Has it been involved in any accident damage, and if so, which parts were damaged? Where was it repaired? Are the repairs guaranteed?
- Have they replaced anything on it recently? Has it been modified in any way?
- Price should be negotiable - are they open to reasonable and fair offers?
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