Electric cars are brilliant when they work. But when they go wrong, the faults can be expensive and the dealers can be evasive. Here's what you need to know about your rights when buying a used EV.
Common Electric Car Faults
Battery Degradation
The battery is the most expensive component in an electric car – replacement costs can exceed £10,000. All batteries degrade over time, but excessive degradation is a fault.
What's normal:
- Roughly 2-3% capacity loss per year
- 80-90% capacity after 8 years is typical
- Some loss is inevitable and acceptable
What's NOT normal:
- Rapid degradation (more than 10% in a year)
- Range significantly below what's stated
- Battery health below 70% on a relatively new car
- Charging that stops prematurely
Charging System Problems
- Onboard charger failures
- Charging port malfunctions
- Inability to fast charge
- Intermittent charging failures
- Software preventing charging
Electric Motor Issues
- Unusual noises (whining, grinding)
- Reduced power output
- Motor failure
- Inverter faults
Software and Electronics
- Infotainment crashes
- "Bricking" (car becomes unresponsive)
- Range estimation wildly inaccurate
- Safety systems malfunctioning
- Over-the-air updates causing problems
12V Battery Problems
Electric cars still have a 12V battery for auxiliary systems. When it fails:
- Car won't start
- Systems become unresponsive
- Can leave you stranded
Thermal Management Failures
Electric cars need sophisticated cooling systems:
- Battery overheating
- Reduced performance in hot/cold weather
- Premature degradation from thermal stress
Battery Range: When Is It a Fault?
This is one of the trickiest areas. Here's how to assess it:
Understanding Stated Range
The WLTP range figure is measured in ideal conditions. Real-world range is typically 15-30% less due to:
- Weather (cold reduces range significantly)
- Driving style
- Use of heating/AC
- Speed (motorway driving uses more energy)
A car achieving 70-85% of its WLTP range in normal conditions is generally performing acceptably.
When Range Becomes a Fault
The car is faulty if:
- Range is drastically below advertised (e.g., 50% of WLTP)
- Battery state of health is very poor for the car's age
- Range decreases rapidly after purchase
- The seller made specific range promises that aren't met
Proving Battery Degradation
You'll need evidence:
- Battery health reading (accessible via diagnostic tools or dealer)
- Comparison to expected health for age/mileage
- Documentation of actual range achieved
- Expert opinion if the case is disputed
Your Rights With Electric Cars
The Consumer Rights Act 2015 applies to electric cars exactly as it does to petrol and diesel. The car must be:
- Of satisfactory quality – Battery, motors, charging must work properly
- Fit for purpose – Must be usable as everyday transport
- As described – Range, features, battery health must match claims
The 30-Day Rule
Within 30 days, you can reject for a full refund if ANY fault makes the car unsatisfactory. This includes:
- Battery not holding charge
- Charging faults
- Software problems
- Any other defect
After 30 Days
You have the right to repair or replacement. If that fails, you can reject for a refund (potentially with a deduction for use).
Battery Specific Claims
Battery degradation beyond what's reasonable for the car's age can be grounds for rejection, even if the car "works". A 3-year-old EV with 60% battery health isn't satisfactory quality.
Special Considerations for EVs
Tesla and Direct Sales
If you bought directly from Tesla (not a used dealer), you're still protected by consumer law. Tesla is the "trader" and has the same obligations as any dealer.
Tesla's arbitration clauses in their terms don't override your statutory rights in the UK.
Battery Leases
Some older EVs (particularly Renault) have leased batteries. Make sure you understand:
- Is the battery owned or leased?
- What are the lease obligations?
- Does the battery lease transfer to you?
A leased battery means you don't own the whole car – this affects your rejection rights.
Software Updates
If an over-the-air update causes problems:
- This may constitute a fault if it affects the car's quality
- "They'll fix it in the next update" isn't acceptable
- You have the same rejection rights as for hardware faults
Charging Infrastructure Claims
Problems with public charging infrastructure aren't the dealer's fault. But if the CAR can't charge properly from working chargers, that's a fault.
Common Dealer Excuses (And Why They're Wrong)
"That's normal battery degradation"
If degradation is excessive for the car's age and mileage, it's not normal. Get an independent assessment.
"The range depends on how you drive"
True to an extent, but if you can't get anywhere near the advertised range in normal use, the car isn't as described.
"It's a software issue, we'll update it"
A software issue is still a fault. You have rights. If the update doesn't fix it, your rights remain.
"Electric cars are different, the law doesn't apply"
Nonsense. The Consumer Rights Act applies to all goods sold by traders. Electric cars aren't exempt.
"You should have checked the battery before buying"
The duty is on them to sell you a satisfactory product, not on you to be an EV expert.
Getting an EV Inspected
Before buying a used EV, consider:
Battery Health Check
Many garages can now read battery state of health. This tells you the actual capacity remaining.
Diagnostic Scan
EV-specific diagnostics can reveal:
- Error codes
- Charging history
- Battery cell balance
- Motor condition
Specialist Inspections
Companies now offer EV-specific pre-purchase inspections. Worth considering for high-value electric cars.
If Your Electric Car Is Faulty
Step 1: Document Everything
- Battery health readings
- Actual range achieved
- Photos/videos of any faults
- Correspondence with the dealer
Step 2: Write to the Dealer
Formally cite the Consumer Rights Act 2015. State:
- The specific fault
- Why the car isn't satisfactory/as described
- What you want (refund/repair)
Step 3: Get Expert Evidence
For battery disputes, an independent assessment of battery health compared to expected values is powerful evidence.
Step 4: Escalate If Needed
- Finance company complaint (if applicable)
- Trading Standards report
- Small Claims Court
The Bottom Line
Electric cars are covered by exactly the same consumer protections as any other vehicle. Don't let dealers tell you otherwise.
The battery is a component like any other. If it's degraded beyond what's reasonable, the car isn't satisfactory quality. If the range is way below what was advertised, the car isn't as described.
EV technology is still evolving, but your rights aren't experimental – they're established law.
Bought an electric car that isn't performing as promised? Check if you qualify for a rejection – we handle EV cases regularly.
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