Brake problems are the most serious faults you can encounter on a used car. They're a direct safety issue – faulty brakes put you, your passengers, and other road users at risk. Here's what to do if you've bought a car with brake problems.
Common Brake Problems
Brake Discs Worn Below Minimum
Brake discs have a minimum thickness stamped on them. Below this, they're dangerous and illegal.
Signs include deep grooves or scoring on the disc surface, a visible lip on the edge of the disc, an MOT advisory or failure, and reduced braking performance.
Brake Pads Worn Out
Pads wear down with use. Severely worn pads damage discs and reduce braking.
Symptoms include squealing or squeaking when braking, a grinding noise (metal on metal contact), longer stopping distances, and a brake warning light on the dashboard.
Warped Brake Discs
Heat can warp discs, causing vibration and uneven braking.
Signs include vibration through the brake pedal when stopping, a pulsing feeling when braking, the steering wheel shaking under braking, and uneven pad wear.
Sticking Brake Calipers
Calipers squeeze the pads onto the disc. When they stick, brakes don't release properly.
Symptoms include the car pulling to one side when braking, a burning smell after driving, one wheel being noticeably hotter than others, reduced fuel economy, and brake drag where the car feels like it's being held back.
Brake Fluid Leaks
Brake fluid is essential for the hydraulic system. Leaks cause brake failure.
Warning signs include a soft or spongy brake pedal, the pedal going to the floor, visible fluid leaks near the wheels, a brake warning light, and low fluid in the reservoir.
ABS System Faults
The Anti-lock Braking System prevents wheel lock-up. Faults affect safety.
Indicators include the ABS warning light being on, brakes locking up under heavy braking, an unusual pedal feel, and diagnostic fault codes stored in the car's electronics.
Handbrake/Parking Brake Failure
Whether cable or electronic, handbrake problems are a clear fault.
Signs include the car rolling on hills with the handbrake on, the handbrake not holding at all, the warning light staying on, or an electronic parking brake that won't engage.
Why Brake Faults Are Clear-Cut Cases
Brake problems are some of the strongest rejection cases because:
Safety Is Non-Negotiable
A car with faulty brakes isn't safe. It fails the basic requirement of being fit for purpose.
They're Often MOT Failures
Many brake faults cause immediate MOT failure, providing clear evidence.
Reasonable Expectations Are Clear
Everyone expects brakes to work. There's no grey area about whether a car needs functioning brakes.
Dealers Can't Claim Ignorance
Any responsible dealer should check brakes before sale. If they didn't, that's their problem.
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Is Brake Wear a Fault?
Definitely a Fault
Discs below minimum thickness are illegal and dangerous. No pad material remaining means metal-on-metal contact that damages discs. Brake fluid leaks create a system failure risk. ABS or brake warning lights indicate active system faults. Seized calipers are an active mechanical failure. And a handbrake that doesn't hold fails its basic function.
Probably a Fault
Discs or pads near end of life that weren't disclosed before sale are likely faults. Warped discs affect braking performance. Brake judder or vibration compromises safe braking. And excessive brake noise may indicate hidden wear that should have been addressed before sale.
Grey Area
Normal wear disclosed at sale – such as "needs brakes soon" with a reduced price – may be acceptable. A minor advisory on a recent MOT depends on severity. And wear appropriate to mileage on a 60,000-mile car may be reasonable if it doesn't compromise safety.
Key Point
Even "normal" brake wear becomes a fault if it makes the car unsafe or wasn't disclosed. A car sold as ready to drive should have adequate brakes.
Your Legal Rights
Consumer Rights Act 2015
Brake problems typically mean the car fails all three tests under the Consumer Rights Act: it's not of satisfactory quality because brakes are essential, it's not fit for purpose because it can't safely be used as transport, and it's not as described if the faults weren't disclosed.
The 30-Day Right to Reject
Within 30 days, you can reject outright for a full refund. For brake faults, this is straightforward – a car with dangerous brakes isn't acceptable.
After 30 Days
You must allow the dealer one opportunity to repair. But if the repair fails, the dealer refuses, or the fault recurs, you can then reject for a refund (with a possible small deduction for use).
The Safety Factor
If brakes are so bad the car is dangerous to drive, stop driving immediately. Document why you've stopped, and get the car recovered – you can claim this cost as a consequential loss. Taking this step actually strengthens your case significantly by demonstrating the severity of the fault.
Evidence for Brake Faults
MOT Evidence
Check the car's MOT history online. Look for previous brake advisories, brake-related failures, a pattern of recurring brake problems, and whether there was a recent pass with no advisories followed by sudden failure – which strongly suggests the fault was present at purchase.
Professional Inspection
Get an independent garage to inspect and document disc thickness versus minimum specification, pad material remaining (in mm), caliper condition, fluid level and condition, and any stored fault codes. A written report with measurements carries significant weight.
Photographic Evidence
Take photos of worn discs and pads, any visible damage, warning lights on the dashboard, and close-ups of any fluid leaks. The more visual evidence you have, the harder it is for the dealer to dispute the fault.
Video Evidence
Film the braking problem occurring, record any grinding or squealing noises, show warning lights active on the dashboard, and document pedal feel issues such as sponginess or the pedal going to the floor.
Repair Costs
Understanding what's at stake:
| Component (per axle) | Parts | Labour | Total |
|---|---|---|---|
| Pads only | £30-£80 | £40-£80 | £70-£160 |
| Discs and pads | £100-£300 | £80-£150 | £180-£450 |
| Caliper (per unit) | £80-£250 | £50-£100 | £130-£350 |
| Brake fluid change | £10-£20 | £40-£80 | £50-£100 |
| ABS sensor | £30-£100 | £40-£100 | £70-£200 |
| ABS pump/module | £300-£800 | £100-£200 | £400-£1,000 |
For all four corners plus any ABS issues, you could be looking at £500-£2,000+.
Dealer Excuses and Your Responses
"Brakes are wear items"
Your response:
"Wear items still need to be in serviceable condition when sold. These brakes are [dangerous/at minimum spec/failing]. That's not acceptable wear – it's a fault."
"It passed its MOT"
Your response:
"MOT is a snapshot. These brakes have worn/failed since then, but the underlying fault existed at sale. Brakes don't fail overnight."
"You should have checked before buying"
Your response:
"The duty is on you to sell goods of satisfactory quality, not on me to be a mechanic. You're the trader – this is your responsibility."
"We'll replace the pads"
Your response (if rejecting):
"Within 30 days, I'm entitled to reject rather than accept repair. Given this is a safety issue, I'm exercising that right."
Your response (if accepting repair):
"The discs also need replacing – worn discs destroy new pads. And I want written confirmation the full brake system is safe."
"It's been used since purchase"
Your response:
"Brake wear to this level takes thousands of miles. I've driven [X] miles. This wear was present at sale."
Steps to Take
Step 1: Assess Safety
If brakes are seriously defective, stop driving the car immediately. Don't risk an accident – get it recovered if needed and document everything with photos, videos, and notes.
Step 2: Get an Inspection
Take the car to an independent garage for a full brake inspection including measurements of disc and pad wear, a check of all brake components, and a written report you can use as evidence.
Step 3: Check MOT History
Look online at the car's MOT history for previous brake advisories, past brake failures, mileage at each test, and evidence of recurring issues that would indicate the problem existed before you bought the car.
Step 4: Write to the Dealer
Send a formal rejection letter detailing the specific brake faults identified, your safety concerns, the evidence you've gathered (inspection report and MOT history), a clear statement of whether you're rejecting or requesting repair, and a 14-day deadline for response.
Step 5: Escalate If Needed
If the dealer refuses, contact your finance company if applicable, report to Trading Standards, and consider the Small Claims Court if other routes fail.
Recommended reading
Special Situations
Electronic Parking Brake (EPB)
Modern cars often have electronic parking brakes. Faults are expensive to fix and clearly defects.
Performance/Upgraded Brakes
If the car was sold with upgraded brakes as a feature, they need to work correctly. Faulty upgrades are still faults.
Brake Assist/Emergency Braking
Advanced safety systems that don't work are definite faults – they were part of what you paid for.
Recent Brake Work
If the seller claimed "new brakes fitted" but they're defective, the car isn't as described.
The Bottom Line
Brake faults are safety issues, full stop. No dealer can legitimately argue that a car with dangerous brakes is of satisfactory quality. If your brakes are worn below safe limits, making dangerous noises, leaking fluid, triggering warning lights, or simply not stopping the car properly, you have strong grounds to reject or demand repair at the dealer's expense. Don't drive a car with faulty brakes. Don't pay for repairs that should be the dealer's responsibility. And don't accept excuses about "wear and tear" when safety is at stake.
Bought a car with brake problems? Check if you qualify for a rejection – brake faults are clear-cut cases.
