Used car not as described: what are my rights?

What does "not as described" mean for a used car?

It means the car that arrived is not the car that was advertised or talked about. The description is not only the headline: it covers the mileage, the trim and spec, the number of former keepers, the service history, the MOT position, whether a part is the original one, and anything else said in writing or in person to persuade a buyer to go ahead.

The Consumer Rights Act 2015 treats that description as part of what was promised. Section 31 of the Act lists goods being "as described", of satisfactory quality and fit for purpose among the things a trader cannot exclude or restrict liability for when selling to a consumer.

A car that is simply older, or has ordinary wear for its age and mileage, is not "not as described". The question is whether the car matches what was said about it.

Which law applies?

Two sets of rules sit over this. The Consumer Rights Act 2015 governs the contract between a consumer and a dealer: section 9 requires goods to be of satisfactory quality, and section 31 prevents a trader excluding or restricting liability for quality, fitness for purpose and description.

Part 4 of the Digital Markets, Competition and Consumers Act 2024 covers how the car was sold rather than what it is. It prohibits unfair commercial practices, including misleading omissions — leaving out something material, as well as stating something untrue.

Both apply to a consumer buying from a dealer. A private sale is a different matter, and much of the above does not reach it.

How long do the short-term rights last?

Under section 22 of the Consumer Rights Act 2015 the short-term right to reject lasts 30 days from delivery. Within that window, where goods do not conform to the contract, the Act allows a consumer to reject them rather than accept a repair.

That window is short, and it runs from delivery rather than from the day a problem is noticed.

What does the Act provide after the first 30 days?

After the short-term right has passed, the Act moves to repair or replacement first. Under section 24(10)(b), where one repair or replacement has already been attempted and the goods still do not conform, the consumer may then reject them. A deduction for use may apply where rejection happens after the first six months.

So the order the Act sets out is: reject within 30 days; after that, a repair or replacement; and if that attempt does not fix it, rejection becomes available again.

Does it matter if the problem appears in the first six months?

It changes who has to prove what. Section 19(14) of the Act provides that a fault found in the first six months is presumed to have been present at delivery, unless the trader proves otherwise.

Outside that first six months the presumption no longer runs, and the position depends on the evidence about the car's condition when it was handed over. A used car fault in the first six months sets out that period in more detail.

Can a dealer rely on "sold as seen"?

Not against a consumer. Section 31 of the Consumer Rights Act 2015 states that a trader cannot exclude or restrict liability for goods being of satisfactory quality, fit for purpose and as described — so the phrase "sold as seen" does not remove those rights from a consumer buying from a dealer, whatever a form or an advert says.

A term in a contract does not change that, because the Act is what makes such a term ineffective. Can a dealer sell a car "sold as seen"? covers the phrase on its own.

Is a misleading advert treated differently from a faulty car?

Yes — it is a separate route. A car can be in good working order and still have been described misleadingly, for instance where something material about its history or spec was left out. Part 4 of the Digital Markets, Competition and Consumers Act 2024 prohibits unfair commercial practices, and misleading omissions are included in that prohibition.

A description that is wrong about something material therefore matters even where nothing on the car has broken.

Does buying online or away from the forecourt add anything?

It adds a separate cancellation right. Regulations 29 to 35 of the Consumer Contracts Regulations 2013 give a distance or off-premises contract a 14-day cancellation right, which does not depend on anything being wrong with the car.

That right sits alongside the Consumer Rights Act, rather than replacing it. Can I return a car I bought online? and can you return a used car to the dealer? deal with the two separately.

Which things are usually treated as part of the description?

The items a buyer would rely on when deciding, which commonly include:

• recorded mileage, and whether the MOT record is consistent with it
• model, trim and engine, and the equipment listed on the advert
• number of former keepers
• service history, and what of it is actually present
• MOT status and what the certificate shows
• whether the car has been recorded as written off or has outstanding credit against it

Evidence of what was described tends to matter as much as the car itself: the advert as it appeared, the photographs, the written spec, messages, and the order paperwork.

Who deals with a dispute that is not settled between the parties?

Two separate schemes cover two separate things. The Motor Ombudsman handles disputes about a vehicle sale; the Financial Ombudsman Service handles complaints about credit. They are not the same scheme and they do not cover each other's ground.

How does ONECARS describe its cars?

Every ONECARS car page carries the car's photographs, its full spec and its MOT history, and every car old enough to have been tested shows that history from the DVSA test by test, with the mileage recorded at each test. The description a buyer relies on is therefore on the page, in writing, before anyone picks up the phone — the 2014 Citroen DS3 at £2,995 shows the usual form of it.

Every car is checked on 34 points by ONEFIX, our own workshop on the same site at Plas Acton in Wrexham, and the list of points is published at how we check our cars. Where that check leaves work outstanding, the car is not handed over until ONEFIX has put it right. There is no admin fee: the price shown is the price paid.

A car bought from us online and delivered is a distance sale, so the fourteen days to change one's mind and return it apply from delivery — our delivery page sets out how that works. A reservation holds a car for fourteen days and can be cancelled within them for any reason, with the fee refunded in full; if the sale goes ahead it comes off the price. After the sale, ONEFIX next door services, repairs and MOTs the car.

We are at Plas Acton Garage, 282 Chester Road, Wrexham LL12 8DU, with a second forecourt at Ruyton near Shrewsbury, open Monday to Friday 9 to 5 and Saturday 10 to 4 for viewings by appointment. The office number is 01978 356983. The cars we have now and how to reach us. Questions to ask when buying a used car is the companion to this page.