What is the 6-month evidence burden for used cars in the UK?

Under the Consumer Rights Act 2015, any fault that develops within the first six months of purchase is legally presumed to have been present at the time of delivery. This is known as the 'reverse burden of proof', meaning the dealer must prove the car was not faulty when sold.

Can I get a full refund if my used car develops a fault within 30 days?

If a fault is discovered within 30 days of purchase, you have the 'short-term right to reject' the vehicle for a full refund. Unlike the period between 31 days and six months, the dealer does not have a legal right to attempt a repair before providing a refund.

What are the legal standards for a used car's condition under the CRA 2015?

Used cars sold by traders must be of 'satisfactory quality', 'fit for purpose', and 'as described'. In 2026, this includes the health of EV batteries and software stability, though the car's age, price, and mileage are also considered.

Does the 6-month rule apply to private car sales?

No. The reverse burden of proof and CRA 2015 protections only apply when buying from a 'trader' (a business). Private sales are governed by the principle of 'caveat emptor' (buyer beware), though the seller must still describe the car accurately.

What happens if a used car fault is found after 30 days but before six months?

If a fault occurs between 31 days and six months, you must allow the dealer one opportunity to repair or replace the vehicle. If the repair fails, or the fault persists, you then gain the 'final right to reject' or the right to a price reduction.

Does the Consumer Rights Act protect used EV buyers?

Yes. The CRA 2015 covers all vehicle types, including used Electric Vehicles (EVs). In 2026, the 'satisfactory quality' standard specifically includes the state of the drive battery and the functional integrity of the vehicle's software.

CRA 2015: The 6-Month Evidence Burden for Used Car Faults in 2026

The landscape of the UK used car market has shifted significantly over the last decade. As we navigate the motoring world in 2026, the Consumer Rights Act 2015 (CRA 2015) remains the bedrock of protection for vehicle buyers. However, one specific provision continues to be the primary battleground between consumers and motor traders: the 6-month evidence burden.

Understanding how this legal mechanism works is essential if you find yourself with a "lemon" on your driveway. Whether the vehicle is a traditional petrol hatchback or a high-tech used EV, the law provides a powerful presumption in your favour during the first 180 days of ownership—if you know how to use it.

Your Consumer Rights: The Legal Standard

Under the CRA 2015, any vehicle sold by a person acting in the course of a business (a "trader") must meet three core criteria:

Satisfactory Quality: The car must be in a condition that a reasonable person would expect, taking into account its age, price, and mileage.
Fit for Purpose: If you told the dealer you needed the car to tow a caravan, it must be capable of doing so.
As Described: The vehicle must match the advertisement or the verbal descriptions provided by the salesperson.

In 2026, "satisfactory quality" also increasingly accounts for the health of battery propulsion systems and software stability, reflecting the modern fleet on UK roads.

Buyer Rights: The Power of the 6-Month Presumption

The most critical part of the CRA 2015 for used car buyers is found in Section 19. This section outlines what is commonly referred to as the "reverse burden of proof."

The First 30 Days: The Short-Term Right to Reject

If a fault is discovered within the first 30 days, you have the "short-term right to reject." You can return the car for a full refund without the dealer having a legal right to attempt a repair first. You simply need to prove the fault exists.

Day 31 to Month 6: The Evidence Burden Shift

This is where the law becomes most favourable to the buyer. If a fault develops after the first 30 days but before six months have passed, the law assumes that the fault was present at the time of delivery.

In legal terms, the "burden of proof" lies with the dealer. If they wish to contest your claim, they must prove that the car was not faulty when they sold it to you. This is a high bar for a trader to clear. Unless they can show the fault was caused by your misuse, an accident, or fair wear and tear (relative to the car's age), they are legally obligated to provide a remedy.

The Remedy: Repair, Replace, or Refund

During this six-month window, you must give the dealer one opportunity to repair the vehicle or provide a replacement. If the repair fails, is impossible, or isn't completed within a reasonable timeframe, you then gain the "final right to reject." At this stage, the dealer may deduct a "usage offset" from your refund to account for the miles you have driven since purchase.

Dealer/Trader Obligations: What the Law Requires from the Forecourt

It is a common misconception that dealers can "opt-out" of the CRA 2015 by using terms like "sold as seen" or "no refunds." In 2026, such practices are not only legally void but may also trigger an investigation by Trading Standards under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs).

The Duty of Disclosure

Dealers are obligated to conduct a pre-delivery inspection (PDI) and disclose any known faults. Under the CPRs 2008, a trader commits an offence if they omit "material information" that would lead a consumer to make a different buying decision. If a dealer hides a gearbox shudder or a failing EV battery cell, they are in breach of these regulations.

Rebutting the 6-Month Presumption

To successfully defend a CRA 2015 claim within the first six months, the dealer must provide objective evidence. Examples of a valid rebuttal include:

Engineering reports showing the damage was caused by "mis-fuelling" (e.g., putting petrol in a diesel car).
Evidence of "significant impact" or "track day use" that caused a mechanical failure.
Proving the fault is actually "fair wear and tear" (though this is difficult on a car sold recently).

Financial Responsibility

Traders are also bound by the Financial Services and Markets Act 2000 (FSMA) if they brokered the finance for the vehicle. If a dealer is being uncooperative, buyers who used Hire Purchase (HP) or Personal Contract Purchase (PCP) can often hold the finance provider jointly liable for the vehicle's condition, as the finance company is technically the owner of the car.

The Role of the Consumer Credit Act 1974 (Section 75)

In 2026, many car buyers use credit cards for at least a portion of their deposit. If you paid between £100 and £30,000 using a credit card, you are protected by Section 75 of the Consumer Credit Act 1974.

This gives you a powerful safety net: the credit card provider is "jointly and severally liable" for any breach of contract by the dealer. If the dealer goes bust or refuses to acknowledge the CRA 2015 6-month burden, you can claim the full cost of the vehicle (even if you only paid a £100 deposit on the card) back from your bank.

Real-World Application: Handling a Dispute in 2026

If you identify a fault within the six-month window, follow these steps to protect your legal position:

Stop Driving: Continued use of a vehicle with a known fault can be used by the dealer to argue that you exacerbated the damage.
Formal Notification: Send a letter or email to the dealer clearly stating you are exercising your rights under the Consumer Rights Act 2015. Mention the 6-month burden of proof.
Third-Party Inspection: If the dealer disputes the fault, getting an independent diagnostic report (from a brand specialist or the AA/RAC) provides the "paper trail" needed for a successful claim.
Log Everything: Keep a diary of dates, times, and names of everyone you speak to at the dealership.

Key Takeaways for 2026 Car Buyers

The 6-Month Presumption: Within the first 180 days, the law assumes a fault was present at purchase unless the dealer can prove otherwise.
One Opportunity to Repair: You must usually allow the dealer one attempt at a fix after the initial 30-day window.
Use Your Finance Provider: If you have PCP, HP, or paid by credit card, use Section 75 or Section 99 (voluntary termination) of the Consumer Credit Act 1974 to your advantage.
"Sold as Seen" is Illegal: Business sellers cannot waive your statutory rights under the CRA 2015.

Conclusion

The Consumer Rights Act 2015 is a robust piece of legislation that has stood the test of time, adapting to the complexities of the 2026 used car market. The 6-month evidence burden is arguably the most potent tool in a buyer's arsenal, shifting the weight of proof onto the professionals who sold the vehicle. While disputes can be stressful, knowing your rights ensures you aren't left out of pocket for a vehicle that was never fit for the road.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy of the information provided based on UK law as of May 2026, legal situations vary. If you are in a dispute with a motor trader, we recommend consulting with a qualified legal professional or contacting Citizens Advice.