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Do I have more rights buying from a dealer than privately?

Yes. A dealer must supply a car of satisfactory quality and as described, and cannot exclude that. A private seller must have the right to sell it and describe it correctly, with no implied duty on quality.

Last reviewed . The official sources it draws on, and the date each was read, are listed at the foot of the page.

Side by side

What the law gives you, by who sells the car
ProtectionFrom a dealer (a trader)From a private seller
Satisfactory qualityImplied by section 9 of the Consumer Rights Act 2015No implied term (Sale of Goods Act 1979, section 14)
As describedSection 11 of the Consumer Rights ActSection 13 of the Sale of Goods Act
Right to sell, no undisclosed chargesSection 17 of the Consumer Rights ActSection 12 of the Sale of Goods Act
Short-term right to reject within 30 daysYes (section 22 of the Consumer Rights Act)No: the Consumer Rights Act does not apply to a private sale (see our answer on buying privately for what the Sale of Goods Act gives)
Can a seller’s term take it away?Not to the extent it restricts these rights (section 31)Not the title duty; the description duty to the extent the term is reasonable (Unfair Contract Terms Act 1977, section 6)
Offence of selling an unroadworthy carYes (Road Traffic Act 1988, section 75; in Northern Ireland, article 83 of the 1995 Order)Yes, the same offence

Why the difference

The Consumer Rights Act 2015 gives these rights where a trader supplies goods to a consumer. A trader is a person acting for purposes relating to their trade, business, craft or profession, and a consumer is an individual acting for purposes wholly or mainly outside theirs (section 2). A sale between two private individuals is neither, which fits nidirect’s statement that you have fewer legal rights from a private seller.

The table’s reference to the Unfair Contract Terms Act 1977 is for England, Wales and Northern Ireland; in Scotland section 20 of that Act makes a term excluding the title duty void and gives effect to one excluding the description duty if it was fair and reasonable to include it.

What stays the same

The offence of selling an unroadworthy vehicle applies to everyone who sells, so an unroadworthy car is unlawful to sell privately as well as through a dealer. nidirect advises checking the car’s history before you buy and, when buying privately, inspecting the car and bringing a mechanic.

Sources

More answers

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