The same car can cost less from a private seller than from a dealer. Part of the difference is the dealer's overheads. Part of it is your legal rights, which are much stronger when you buy from a business. Knowing what you give up helps you decide whether a private bargain is worth it.
Your rights at a glance
| Your right | Dealer | Private seller |
|---|---|---|
| The car must be as described | Yes | Yes |
| The seller must have the right to sell it | Yes | Yes |
| Satisfactory quality | Yes | No |
| Fit for purpose | Yes | No |
| 30-day right to reject | Yes | No |
| A fault in the first six months is presumed present at delivery | Yes | No |
Auctions sit somewhere in between, and give more limited rights than buying from a dealer. There is more on that below.
Buying from a dealer
When you buy from a business, the Consumer Rights Act 2015 applies. The car must be:
- Of satisfactory quality, taking into account its age, mileage and price. A ten-year-old car will not be perfect, but it should not have faults beyond what you would expect for its age.
- Fit for purpose, including any particular purpose you told the dealer about, such as towing a caravan.
- As described, matching the advert and what the dealer told you.
If something goes wrong
- In the first 30 days: if the car has a fault that means it does not meet those standards, you can reject it and get a refund.
- Up to six months: a fault is presumed to have been there when you took delivery, unless the dealer can prove otherwise. You can ask for a repair or replacement, and if that does not fix it, you can ask for a refund, which may be reduced to reflect the use you have had.
- After six months: you can still make a claim, but it is usually up to you to show the fault was there when you bought the car.
Dealers often add a warranty. That is on top of your legal rights, not instead of them, so read what it covers but do not let it replace them.
Traders posing as private sellers
Some traders pretend to be private sellers to avoid their legal duties. Watch for a seller with several cars for sale, a phone number that appears in other adverts, or a logbook not in their name. If the seller was really acting as a business, you have Consumer Rights Act protection even though they claimed to be private.
Buying privately
A private seller has fewer obligations. The car must be as described, and the seller must have the right to sell it. There is no requirement for it to be of satisfactory quality. If it breaks down a week later and the seller did not mislead you, you usually have no claim. Private sales can be quicker and more flexible on price, which is part of their appeal, but more of the risk sits with you.
As described still matters. If the advert said full service history or no accident damage and that was not true, you may have a claim. Keep a copy of the advert and any messages.
How to protect yourself
- Check everything before you pay. Run the free check for the MOT history and mileage, and the full history check for finance, write-offs and stolen markers. The full check costs £4.49.
- Make sure the seller's name and address match the V5C logbook.
- Ask direct questions and get the answers in writing, by message or email.
- Inspect the car carefully, or pay a mechanic to. Our test drive and inspection checklist helps.
- Check for outstanding finance. A car with finance may not be the seller's to sell.
Part exchange and finance through a dealer
If you part exchange your old car, the dealer values it and takes that off the price. Know its value first: the car valuation in the full history check gives private sale, dealer and part exchange figures, where available. If you buy on finance arranged by the dealer, the finance company may share responsibility if the car turns out to be faulty, so tell them about any problem too.
Buying at auction
Auctions give more limited rights than buying from a dealer. Read the auction's terms before you bid, because they set out what you can and cannot claim for, and check how each car is described. You may get little time to inspect a car, so run the checks on the registration beforehand.
Buying online or at a distance
If you buy from a dealer online or over the phone, without visiting, you usually also have 14 days to cancel under the rules for distance sales, on top of your Consumer Rights Act rights. Check the dealer's terms before you buy.
Keep a paper trail
- Save the advert as a screenshot or PDF, including the description and photos.
- Keep your messages and emails with the seller.
- Get a written receipt with the date, price, registration and VIN, and both parties' names and addresses.
- Keep any reports you ran, such as the free check and the full history check.
If something goes wrong, this is what shows what you were told and what you agreed.
Which should you choose?
A dealer costs more but gives you protection if something goes wrong. A private sale can save money, but you carry more of the risk. Either way, the checks are the same: history, paperwork and condition. Our used car buying checklist takes you through them in order. If you are not confident judging a car's condition, the extra protection from a dealer is worth more.
If it goes wrong
Citizens Advice can explain your options and help you complain. Keep the advert, the receipt, your messages and any reports.