Guide to used car warranty law (2023)

FAQs

What is the legal requirement for warranty on a used car? ›

There is no legal obligation for car dealers to provide any kind of warranty, but many independent dealers will offer their own with the used cars they sell.

(For a used car, “satisfactory quality” takes into account the car's age and mileage.) You have a right to reject something faulty and you're entitled to a full refund within 30 days of purchase in most cases.

You'll have to prove the fault was there when you bought the car, which can sometimes be tricky, but you can ask for a repair or a full refund if the fault was there already. Give the car a proper inspection on arrival and be sure to get confirmation of any faults or flaws in writing.

Environmental damage: If your vehicle was damaged in a fire, flood, hailstorm, earthquake or any other environmental disaster, the automaker will not honor your warranty. Altered odometer: If your car's odometer has been disconnected, tampered with or replaced, the dealership cannot determine the exact mileage.

Again, it can vary depending on the type of warranty you have, but generally, a standard car warranty won't cover the following: Everyday wear and tear – things like worn tyres, brakes and windscreen wipers.

Below are some of the most common reasons warranties are invalidated by merchants: The warranty period has expired. The defect or part is not covered. The product failure is due to misuse or lack of proper maintenance.

Misuse of vehicle: If you use your vehicle for anything other than day-to-day driving, such as off-roading or racing, your warranty will be voided. This also includes using improper fluids. Total loss: If your vehicle was given a salvage title after a severe accident, your warranty is void.

The Consumer Rights Act 2015 gives you the right to ask for a full refund in the first 30 days after buying any product that proves to be faulty, including a new or used car. The law also provides protection for servicing and repair work that renders your car faulty.

Does the Consumer Rights Act apply to second hand cars? ›

The Consumer Rights Act came into force on 1 October 2015 and covers the purchase of goods, digital content and services including new and used cars from official dealers (it doesn't apply to private sales) as well as servicing, repairs and maintenance work.

When goods are “sold as seen”, it generally means that the goods are sold in their existing condition and no representation is given in respect of quality. The words “without warranty” would suggest the seller is providing no warranty as to the quality or fitness for purpose of the goods.

There is a California Lemon Law that allows you to return a new or used vehicle to a dealership if you can prove that it is a lemon with chronic mechanical or electrical defects. Under Lemon Law, you can get a replacement vehicle or a refund of the original purchase price.

Extra protection you may have

So, along with any protection your warranty offers, under the act you have the right to reject a car if it is faulty and get a full refund within 30 days of buying it.

If the dealership has a refund policy clearly posted, or written on the sales contract or receipt, and it chooses not to honor that policy, you can seek legal recourse against the dealership. If the deposit amount is less than the small claims court maximum for your state, you can file a suit there.

Call your warranty provider and ask about the steps you'll need to take to appeal their decision. You'll need to walk through your claims experience from start to finish, and describe the shop's opinion.

(1) Non-compliance with a warranty is excused when, by reason of a change of circumstances, the warranty ceases to be applicable to the circumstances of the contract, or when compliance with the warranty is rendered unlawful by any subsequent law.

Damage that is the result of improper use, racing, theft, vandalism, or an accident is generally not covered. It is also important that you maintain your vehicle in accordance with the factory-recommended maintenance schedule. Missing an oil change can void your bumper-to-bumper warranty.

A used car extended warranty might be worth it if the vehicle make and model has a poor reliability record. Extended warranty on used cars isn't needed if the vehicle still has the manufacturer's warranty. Consider used car warranties that exclude specific repairs rather than those that list what they will cover.

Yes, it's worth buying an extended warranty on a used car.

Since most major repairs won't arise until after the 3-year mark, the manufacturer's warranty likely won't provide coverage when you need it the most. This is why it's recommended to get an extended warranty on your used vehicle.

What happens if car warranty is not honored? ›

What Should I Do if My Car Warranty Is Not Being Honored? If you have filed a written warranty claim with the manufacturer and they have refused to provide the requested repairs, or have failed to get back to you, it's important that you contact a breach of warranty lawyer as soon as possible.

Warranty on second hand goods.

These can range from the age of the item (12 months from original purchase), where it was purchased from (an authorised retailer or dealership), being conditional on regular maintenance (serviced every year) or limited to certain faults (excludes wear and tear).

A description of damage not covered by the warranty is provided on the The most frequent causes for exclusion of liability under the warranty include: moisture or liquid penetration, mechanical damage — i.e. damage to the device as a result of a fall, impact, etc.

To get right to it, whether it's a manufacturer's warranty on a new car right from a dealership or an extended car warranty plan or vehicle service contract on a used car, it will not cover scratches, dents or door dings of any sort.

Generally speaking, the manufacturer pays a lower labor rate to the dealer for warranty work. And, since the parts come from the manufacturer, the dealership can't earn its usual markup on the cost of parts, either.

If your warranty claim gets denied, contact the company directly to request any necessary documentation needed to file an appeal. In the meantime, you'll likely have to pay for the repairs yourself and can get reimbursed after the appeal process.

Ramsey's blog also explains that extended warranties typically are not worth paying for because they typically come with many coverage exclusions. Since the most common issues may not be covered under the warranty, you'd be wasting your money by buying one.

If you have a new car and your engine blows up – there's almost no scenario where your engine won't be 100% covered by the manufacturer warranty. The second type of warranty is a post-purchase extended warranty that covers your car after the initial manufacturer's bumper to bumper warranty expires.

If the vehicle has been deemed a total loss by the insurance company after an accident, the warranty coverage may be voided. Modifications that have been done to the vehicle that permanently alter the way it operates, such as turbochargers, work to the engine's internals, or suspension changes.

Most consumers don't know that these stickers are actually illegal—and that's because manufacturers don't want you to. Under the 1975 Magnuson-Moss Warranty Act, the Feds mandated that you can open your electronics without voiding the warranty, regardless of what the language of your warranty says.

Does a seller have to declare damage on a car? ›

Declaring a car's Cat N or Cat S status is essential, whether selling or part-exchanging it. The new owner could sue you for damages in the absence of a suitable declaration.

Your rights when buying a used car from a dealership

If you've bought a used motor from a dealership, you have the right to return the car within the first 30 days of purchase.

Mechanical issues

This covers any faults with the mechanical components of the car, such as the engine or suspension. If your car isn't running, you can still sell it but it'll be hard, and you may have to drastically reduce the price to draw a buyer in.

Final right to reject – the first six months

If the repair has not fixed the fault, you can reject the vehicle. If you part-exchanged your old car on the new one, you will not get it back. Instead, you will get a cash value for the new car. However, unlike the short-term right to reject, it may not be the full value.

There has to be a proven defect. If you can prove that the vehicle you were sold was not fit for the purpose when you bought it, you have a leg to stand on – but you as the buyer has to provide the evidence. This puts you in a position to demand a repair, replacement, or refund.

However, according to Trading Standards, no vehicles can legally be 'sold as seen'. As you are selling a car under a legally-binding contract, adding 'sold as seen' or 'no refunds' to an advert provides no legal protection to you as a seller.

Yes, a seller can back out of a contract under certain circumstances. But you must show that you've upheld the conditions in the purchase agreement or face consequences.

No, it's not sold as seen? When you purchase a second-hand car from a motor dealer, you enter into a legal binding contract. As the buyer you are entitled to a car that is fit for purpose, of satisfactory quality, and as described.

Your statutory rights on any used car

Many buyers confuse warranties with their legal rights, but they are two different things. Warranty or not, you are still covered by your statutory rights if the car you've bought is faulty or not roadworthy.

Do car dealers have to give a 3 month warranty? ›

It is up to the car dealer offering a warranty to decide on the duration. Many used cars are sold with a three-month warranty, some have one year while others may have none. This is entirely legal.

A free guarantee for goods, including goods supplied with a service, is legally binding on the person offering the guarantee. Guarantees for goods are usually provided by the manufacturer and give you extra rights, in addition to the rights you already have against the seller.

A car manufacturer's warranty often covers a vehicle's first three years or 36,000 miles, though powertrain warranties may last longer.

Below are some of the most common reasons warranties are invalidated by merchants: The warranty period has expired. The defect or part is not covered. The product failure is due to misuse or lack of proper maintenance.

When you make a claim, you'll usually need: proof of purchase - usually a receipt showing where and when you bought the goods. details of what the problem is. a photocopy of the warranty or guarantee.

It is possible to reject a car after six months. But it's a lot more difficult. You must prove that the fault was present on the car when you bought it. And that is very difficult after you've owned the car for months, unless of course you had the car assessed by a technician the moment you got it home from the garage.

It is possible for a manufacturer or dealer to void a warranty or to deny warranty repairs. To do so, they must be able to demonstrate that improper repairs, improper maintenance or improper upgrades resulted in damage to the component that is subject to your warranty claim dispute.

These are: (1) Breach of warranty; (2) Negligence; (3) Strict liability.

warranty, a promise or guarantee made by a seller or lessor about the characteristics or quality of property, goods, or services.

Under the Consumer Rights Act, the retailer bears complete responsibility for faulty goods. If, however, you make a claim through your warranty, it must be made against the party who provided you with the warranty. This could be the retailer or the manufacturer.