Three kinds of sale
| Sale | Main law | What the car has to be |
|---|---|---|
| Private seller to a buyer | Sale of Goods Act 1979 | As described (section 13) |
| Trader to a consumer | Consumer Rights Act 2015 | Satisfactory quality, fit for a purpose made known, as described — can't be excluded |
| Trader to a trader | Sale of Goods Act 1979 + Unfair Contract Terms Act 1977 | As described, satisfactory quality, fit for a purpose made known — limited only by a reasonable term |
Sources: s13 and s14 Sale of Goods Act 1979; s9, s11 and s31 Consumer Rights Act 2015; s6 Unfair Contract Terms Act 1977
Buying from a private seller
The description. Section 13 of the Sale of Goods Act 1979: where goods are sold by description, “there is an implied term that the goods will correspond with the description”. (s13)
Quality and fitness. Section 14 starts: “there is no implied term about the quality or fitness for any particular purpose of goods supplied under a contract of sale”, except as the section provides — and the satisfactory-quality and fitness terms apply “where the seller sells goods in the course of a business”. A private seller isn't selling in the course of a business. (s14)
Two more rules apply to every seller, private or trade, from trading standards' guidance:
- “Any individual that sells a vehicle, whether they are a trader or not, must make sure the description is correct” — make, model, engine size and other technical details.
- Selling, offering for sale or supplying an unroadworthy vehicle is an offence under the Road Traffic Act 1988.
Source: Business Companion, Selling used vehicles (England, Scotland and Wales)
Selling to a consumer as a trader
Under the Consumer Rights Act 2015 a trader is a person acting for purposes relating to their trade or business, and a consumer is an individual acting wholly or mainly outside their trade or business. (s2) When a trader sells a car to a consumer:
- Satisfactory quality — judged by what a reasonable person would consider satisfactory, taking account of the description, the price and other circumstances. Quality includes state and condition, appearance and finish, freedom from minor defects, safety and durability. (s9)
- As described — the goods have to match the description. (s11)
- 30 days to reject — the short-term right to reject runs to the end of 30 days from the first day after ownership has passed and the car has been delivered. (s22)
- The first six months — for repair or replacement, a price reduction or the final right to reject, goods that don't conform within six months of delivery are taken not to have conformed on the day of delivery, unless it's shown they did. (s19(14)–(15))
- Deduction for use — on the final right to reject, a refund may be reduced to take account of use. The ban on any deduction in the first 6 months doesn't apply to motor vehicles. (s24(8)–(10))
- No contracting out — a term is not binding on the consumer to the extent it would exclude or restrict the trader's liability for quality, fitness or description. (s31)
Faults pointed out before the sale
The satisfactory-quality term doesn't cover anything that makes the quality unsatisfactory which is “specifically drawn to the consumer's attention before the contract is made”, or which the consumer's own examination before the contract ought to reveal. (s9(4)) That is about specific faults; a general “sold as seen” line is a different thing (below).
“Sold as seen” and “trade sale”
Trading standards' guidance gives, as an example of a misleading action: “misleading consumers about their statutory rights by using statements such as ‘sold as seen’ or ‘trade sale’”. Its examples of misleading omissions include failing to tell a consumer that a car has previously been an insurance write-off, or that there is a discrepancy in the mileage history. (Business Companion)
Selling to another trader
Between businesses the Sale of Goods Act 1979 applies: as described (section 13), and satisfactory quality and fitness for a purpose made known, because the seller sells in the course of a business (section 14). As with consumers, the quality term doesn't cover faults specifically drawn to the buyer's attention, or that the buyer's examination ought to reveal. (s14(2C))
These terms can be limited by the contract only so far as the term is reasonable: in England, Wales and Northern Ireland, liability “cannot be excluded or restricted by reference to a contract term except in so far as the term satisfies the requirement of reasonableness” (UCTA s6(1A)); in Scotland, such a term has effect “only if it was fair and reasonable to incorporate the term in the contract” (UCTA s20(1A)).
A trader can't pose as a private seller
Schedule 20 of the Digital Markets, Competition and Consumers Act 2024 lists practices that are banned in all circumstances. Paragraph 25: “Falsely claiming or creating the false impression that the trader is not acting for purposes relating to the trader's business or falsely representing oneself as a consumer.” It has been in force since 6 April 2025. (Schedule 20) Trading standards' example: “a car trader advertising cars online or in newspapers and magazines stating or creating the impression they are a private seller”. (Business Companion)
More on what changes when buying and selling becomes a business: Car flipping in the UK.
The description, on Motorwatchr
In a private sale the car has to match its description. Motorwatchr keeps each private advert's own words (with phone numbers and email addresses taken out), the site's own labels and checks, the DVSA MOT history when the registration is known, and the link back to the advert.