A used car can come from a dealer forecourt, a small local trader, a private seller on Facebook, or an auction. The car might be identical, but your rights are not. This guide sets out the main differences for buyers in Scotland, in plain terms. It is general information, not legal advice. For your own situation, Advice Direct Scotland (opens in a new tab) and Citizens Advice Scotland (opens in a new tab) are free.

Buying from a trader

A trader is a business that sells cars. That includes big dealers and small sole traders. When you buy from a trader, the Consumer Rights Act 2015 says the car must be:

  • Of satisfactory quality. Judged against what a reasonable person would expect, taking into account the price, age and mileage. A cheap, older car is not expected to be perfect.
  • Fit for purpose. Including any particular purpose you told the trader about.
  • As described. What the advert and the trader said must match the car.

If something is wrong, you may have the right to a repair, a replacement, or some or all of your money back. There is a short-term right to reject a faulty car within 30 days.

Some limits apply. A fault you were told about before you bought, or one that was obvious when you looked, is not usually a reason to complain later. That is why good traders write down known faults on the listing. Normal wear and tear on an older car is also not a fault.

Words like "sold as seen" or "trade sale" do not take away your rights when you are buying as a private person from a trader.

Buying from a private seller

A private seller is someone selling their own car. Your rights are narrower. The car must:

  • Match the description the seller gave you.
  • Belong to the seller, who must have the right to sell it.
  • Be roadworthy, unless it is clearly sold as not roadworthy, for example for parts or repair.

There is no requirement that the car is of satisfactory quality. If it breaks down a week later and the seller did not mislead you, you may have little you can do. Private sales can be good value, but the checks matter even more.

Watch out for traders pretending to be private sellers. Signs include several cars for sale under the same name or phone number, or a seller who does not appear on the log book. If a business is really selling, you are entitled to trader rights.

Auctions

Auctions are usually the riskiest way to buy, and you may not have the same protection as buying from a trader. Read the auction terms carefully before you bid.

Checks to do whoever you buy from

Most checks are free and take a few minutes with the registration:

There is a page of free official checks that links them all. A paid history check adds outstanding finance, stolen markers and insurance write-offs. Citizens Advice suggests it is worth doing for any used car.

At the viewing, see the car in daylight, and check the V5C log book matches the car and the seller. Our viewing checklist covers what to look at.

Paperwork when you buy

  • The seller tells the DVLA about the sale. You should get the new keeper slip from the V5C.
  • The full log book in your name comes to you from the DVLA by post.
  • Tax does not transfer with the car. You need to tax it before you drive it away.
  • You need insurance in place before you drive it.

Paying safely

Avoid carrying large amounts of cash if you can. A bank transfer is common. Do not pay a deposit for a car you have not seen unless you trust the seller and know who they are. Paying part by credit card can add protection for purchases in the range covered by section 75. Ask your card provider.

How Clyde Select fits in

Clyde Select is a small Glasgow trader, so when you buy from us your Consumer Rights Act rights apply. We write the price and the condition notes we know about on every listing, and we send you the registration on request so you can run the checks before you travel. We do not offer finance or a warranty. You can read how buying from us works step by step, or browse the cars.