How to reject a car: Your consumer rights explained

Buying a car should be straightforward but what happens if something goes wrong? Here's how to reject a car and get a refund.

• Discover how to successfully reject a car
• How the Consumer Rights Act 2015 can help you
• Short term right to reject explained

If there’s something wrong with a new or used car you have bought, you might have a legal right to have the vehicle repaired or get your money back. This is thanks to the Consumer Rights Act 2015.

If the vehicle isn't of satisfactory quality, isn't fit for purpose or doesn’t match the description you were given - including any advertisement of the vehicle - then you can reject the car.

Cosmetic issues or minor faults aren't valid reasons to reject a vehicle. These sorts of issues should be dealt with under warranty, if you have one.

You can’t successfully reject a car for a trivial reason such as a little scratch or finding out you don’t like something about the car. Unless, for instance, you bought it for a specific purpose. If you bought a car to tow a caravan and then you find out it cannot, for example.

Your rights in the first 30 days: The short-term right to reject

The 2015 Consumer Rights Act covers the purchase of goods, digital content and services - including new and used cars - from official dealers.

It doesn't apply to private sales. It outlines the fact that vehicles must be of satisfactory quality, fit for purpose and as described. For cars purchased before 1 October 2015, the Sale of Goods Act still applies.

This Act gives you the statutory right to reject a new or used car (or anything else) within 30 days of purchase if your rights have been breached. This is called the short term 'right to reject'.

It covers faults that were present - or developing - when you bought it, or it was received in a condition that does not match what you were told. But it'll be up to you to prove that's the case. After 30 days you lose the short-term right to reject.

Your rights are against the supplier - which is the dealer (and the finance company jointly if you bought it on finance) - not the manufacturer.

Your rights: After 30 days

If a fault comes to light between 30 days and six months of buying a vehicle, you’re entitled to a repair, replacement or refund.

It’s assumed in law that the fault was present at the time of purchase unless the seller can prove otherwise.

Unless you’ve agreed otherwise, the seller (dealer) has only one opportunity to repair (or replace) the faulty vehicle after which, if they fail to repair it, you’re entitled to a refund. But the seller may make a 'reasonable' adjustment to the amount refunded by taking into account the use that you’ve had of the vehicle.

For example, if you successfully reject a car for a refund, the dealer may take off the cost you'd have paid if you rented a similar vehicle. So, if you had a car for three months, and the typical monthly rental cost of that car is £200 - they could rightfully take £600 off the refund you receive. 

Your rights: After six months...

The burden is on you to prove that the vehicle was faulty at the time of purchase if you want to pursue a claim for repair or replacement.

But you have legal rights for up to six years (five years if you bought the car in Scotland) after buying - these Acts are known as The Limitation Act 1980 and The Prescription and Limitation Act (Scotland).

This typically occurs, say, if you're having work done on the car and it's discovered that damage was hidden - meaning the real condition of the car was concealed (mis-selling).

The longer you’ve had the car, the harder it'll be to prove that the problem was there when the trader sold it.

What about private vehicle sales?

When buying privately (from an individual rather than a business), you have far fewer rights. You only have rights if the car isn’t as it was described under the Misrepresentation Act 1967.

The car should be true to the advert and what you were told by the person you bought it from. You won’t be entitled to anything just because the car is faulty or because the seller failed to mention something in the advert.

However, the seller must accurately describe the car, such as the number of previous owners. They must also not misrepresent it, for example not disclosing that it has been involved in an accident or providing a false service history.

The car must be roadworthy, too. It's a criminal offence to sell an unroadworthy car and an MoT certificate from a test several months ago is no guarantee that the car is roadworthy today.

If the individual refuses to accept your rejection, you will need to take legal action to reject the vehicle or try alternative dispute resolution. However, legal action is expensive and there's no guarantee that you will win.

If the vehicle isn't 'as described', you can either ask for the difference in value between what you paid and what the car is really worth or ask for the cost of making changes to the car so it matches the description.

The statute of limitations means you have rights for six years after buying the car (five years if you bought the car in Scotland), but it’ll be harder to prove how it was described as time goes on. Make a note of any evidence you have - for example, an advert or an email.

Keep a record of your conversations and correspondence, and get all verbal agreements in writing. If you’re still not getting anywhere, your last resort is to take your case to a small claims court.

What if I've part exchanged a car?

If you part-exchanged your old car for the new one, you will not get it back. Instead, you'll be entitled to the price of the part-exchanged car. The dealer can't charge for usage, wear and tear, collection of the vehicle or anything else.

After the 30 days, if you part-exchanged your old car, you'll get a cash value for the new car. In this instance, the dealer is able to claim a reduction in the value of the vehicle for factors like mileage covered.

What if the dealer still won't accept a rejection?

If you get a County Court ruling in your favour and the dealer ignores it, you can apply for a High Court Sheriff's Enforcement Order (costing £70) which empowers the Sheriffs to seize the debtor's assets to the value of the claim, plus all your and their costs.

Sometimes the debtor will attempt to apply to the Court for a 'Stay of Execution' but such applications usually fail. The culture of these people is to only ever pay when they absolutely have no other choice, and in most cases when the Sheriffs arrive they pay up.