What are my rights when buying a used car privately?

Fewer than from a dealer. The seller must have the right to sell the car and it must match its description, and selling an unroadworthy car is an offence, but the law implies no term of satisfactory quality.

Last reviewed 6 October 2026. The official sources it draws on, and the date each was read, are listed at the foot of the page.

What the seller must give you

Under section 12 of the Sale of Goods Act 1979 a seller is taken to promise that they have the right to sell the car and that it is free from any charge not disclosed or known to you, such as unsettled finance. Under section 13, where a car is sold by description, it must correspond with the description. In England, Wales and Northern Ireland the Act makes the right to sell (section 12(1)) and the description (section 13(1A)) conditions, and the promise that the car is free from undisclosed charges a warranty (section 12(5A)). These sections are not limited to sales by a business, so they apply to a private sale.

What the law does not give you

Section 14 of the same Act says there is no implied term about the quality or fitness of goods unless the section provides one, and the satisfactory-quality term applies where the seller sells in the course of a business. A private seller does not, so there is no implied term that the car is of satisfactory quality. nidirect says you have fewer legal rights buying from a private seller and will not be able to claim where there are faults with the car. The Consumer Rights Act 2015 gives rights against a trader and does not apply to an ordinary private sale.

Selling an unroadworthy car is an offence

Section 75 of the Road Traffic Act 1988 makes it an offence in Great Britain to sell, offer to sell or expose for sale a motor vehicle in an unroadworthy condition, and article 83 of the Road Traffic (Northern Ireland) Order 1995 does the same in Northern Ireland. Our separate answer sets out what counts as unroadworthy and the defences.

If the seller misled you

In England and Wales, section 2(1) of the Misrepresentation Act 1967 makes a person who misled you into the contract liable for the loss unless they prove they had reasonable ground to believe, and did believe, up to the time of the contract that the facts they stated were true. Northern Ireland has the same rule in section 2(1) of the Misrepresentation Act (Northern Ireland) 1967, and in Scotland section 10 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 allows damages for a negligent misrepresentation. nidirect says you can claim against the previous owner if they misrepresented the car’s age or mileage.

A trader posing as a private seller

nidirect warns that some car traders pose as private sellers and says to report your suspicions to Consumerline. The Consumer Rights Act defines a trader as a person acting for purposes relating to their trade, business, craft or profession, so if the seller is in fact acting as a trader you have the dealer rights, not the private-sale ones.

Before you pay

nidirect advises you to inspect the car and know what you are buying, to bring a car mechanic with you, and to take a test drive if you have adequate insurance cover; our answer on test drives and insurance explains the rule.

Sources

Sale of Goods Act 1979, section 12 (implied terms about title)Read on 6 October 2026. A seller’s implied terms that they have the right to sell and that the goods are free from undisclosed charges; a condition in England, Wales and Northern Ireland.
Sale of Goods Act 1979, section 13 (sale by description)Read on 6 October 2026. Goods sold by description must correspond with the description; a condition in England, Wales and Northern Ireland.
Sale of Goods Act 1979, section 14 (implied terms about quality or fitness)Read on 6 October 2026. There is no implied term about quality or fitness except as the section provides; the satisfactory-quality term applies where the seller sells in the course of a business.
Road Traffic Act 1988, section 75 (vehicles not to be sold in unroadworthy condition)Read on 6 October 2026. It is an offence in Great Britain to sell, offer or expose for sale a vehicle in an unroadworthy condition.
Road Traffic (Northern Ireland) Order 1995, article 83Read on 6 October 2026. The same offence in Northern Ireland.
Misrepresentation Act 1967, section 2 (damages for misrepresentation)Read on 6 October 2026. Liability for a misrepresentation that induced the contract unless the maker proves reasonable ground to believe it true; England and Wales.
Misrepresentation Act (Northern Ireland) 1967, section 2Read on 6 October 2026. The same rule in Northern Ireland.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, section 10Read on 6 October 2026. Damages for negligent misrepresentation in Scotland.
Consumer Rights Act 2015, section 2 (key definitions)Read on 6 October 2026. A trader is a person acting for purposes relating to their trade, business, craft or profession.
nidirect: Buying a new or used carRead on 6 October 2026. Fewer legal rights from a private seller; inspect, bring a mechanic, test drive if insured; claim if age or mileage was misrepresented; traders posing as private sellers.

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