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Consumer Rights

Dealer Warranty vs Consumer Rights: Which Is Better?

Dealers love to push warranties, but your statutory rights are often stronger. Learn the key differences and when to use each protection.

By FaultyCar Team
6 min read

When you buy a used car, the dealer might offer a warranty. Some even charge extra for it. But did you know your statutory consumer rights often provide better protection – and they're free?

Here's how they compare.

Understanding Dealer Warranties

What They Are

A dealer warranty is a contract between you and the dealer (or a warranty company). It's a promise to repair or replace certain components if they fail within a specified period.

Typical Terms

  • Duration: 3-12 months
  • Mileage limit: Often 3,000-12,000 miles
  • Coverage: Varies widely – read the fine print
  • Excess: Many require a payment per claim (£100-250)
  • Cost: Often £300-800 or included in price

Common Exclusions

Most dealer warranties exclude:

  • Wear and tear items (brakes, tyres, clutch)
  • Pre-existing faults (however they define this)
  • Consequential losses (hire car, recovery)
  • Failures caused by "neglect" or "misuse"
  • Parts not on the covered list
  • Vehicles over a certain age or mileage

Understanding Your Statutory Rights

What They Are

Your statutory rights come from the Consumer Rights Act 2015. They apply automatically when you buy from a trader (dealer) – you can't sign them away.

What They Guarantee

Goods must be:

  • Of satisfactory quality – Working properly, safe, durable
  • Fit for purpose – Capable of being driven
  • As described – Matching what you were told

Time Limits

  • First 30 days: Full refund for any fault, no repair required
  • First 6 months: Repair or replacement; if that fails, reject for refund
  • 6 months to 6 years: Rights continue but you must prove the fault existed at sale

Key Differences

Coverage Scope

Warranty:

  • Only covers listed components
  • Often excludes "wear and tear"
  • May have long exclusion lists

Statutory Rights:

  • Covers ANY fault that makes the car unsatisfactory
  • No exclusion lists
  • Includes issues the warranty would reject

Rejection Rights

Warranty:

  • ❌ No right to reject
  • Only repair/replacement within terms
  • Car returned with fault = tough luck

Statutory Rights:

  • ✅ 30-day unconditional rejection
  • ✅ Rejection after failed repair (within 6 months)
  • Full refund available

Claims Process

Warranty:

  • Report to warranty company
  • They decide if claim is valid
  • Often dispute and delay
  • May insist on approved garages

Statutory Rights:

  • Claim directly against the dealer
  • They must respond to your rejection
  • Clear legal framework
  • Financial Ombudsman if you paid on credit

Excess Payments

Warranty:

  • Typically £100-250 per claim
  • Adds up quickly with multiple issues

Statutory Rights:

  • ✅ No excess
  • Full remedy at dealer's expense

Consequential Losses

Warranty:

  • ❌ Usually excluded
  • No hire car, no recovery costs

Statutory Rights:

  • ✅ Can claim reasonable losses
  • Hire car, recovery, even lost earnings in some cases

When the Warranty Beats Statutory Rights

In fairness, warranties do have some advantages:

After 6 Months

Statutory rights require you to prove the fault existed at sale. A warranty just needs the fault to occur within the warranty period.

Convenience

Warranties often include breakdown recovery and get you mobile quickly. Statutory claims can take longer to resolve.

Mechanical Sympathy Faults

If something fails due to how you've driven (not a pre-existing fault), a warranty might still cover it. Statutory rights wouldn't.

Peace of Mind

Some people prefer having a document that says "we'll fix this". Even if statutory rights are stronger, they feel less certain.

When Statutory Rights Beat Warranties

Within 30 Days

Warranty: Maybe repair if they accept the claim Statutory: Full refund, your choice, no arguments

Any "Excluded" Fault

Warranty: "Sorry, that's not covered" Statutory: "Is it satisfactory quality? No? Then fix it or refund me."

Rejection After Failed Repair

Warranty: "We'll try again" Statutory: "No, I've given you one chance. Full refund please."

Dealer Disputes

Warranty: Often sided with warranty company Statutory: Clear legal framework, courts if needed, finance company liability

Real-World Examples

Example 1: Engine Warning Light (Within 30 Days)

Using Warranty:

  • Call warranty company
  • They send you to approved garage
  • Diagnosis needed (you wait)
  • Claim assessed (you wait more)
  • Maybe approved, maybe "pre-existing condition"
  • Pay £150 excess
  • Still have a car with a history of problems

Using Statutory Rights:

  • Write to dealer: "I'm rejecting under Consumer Rights Act 2015"
  • They have 14 days to refund you
  • Full refund, no excess, clean break
  • Buy a different car

Example 2: Gearbox Failure (Month 4)

Using Warranty:

  • If gearbox is listed as covered: repair
  • If "wear and tear" excluded: nothing
  • If excess applies: £200+ contribution
  • Weeks in the garage, no car

Using Statutory Rights:

  • Write to dealer: fault makes car unsatisfactory
  • Request repair under CRA 2015
  • If repair fails: reject for refund
  • Potentially claim for hire car costs too

How Dealers Use Warranties to Their Advantage

Distraction Tactic

"Don't worry, you've got the warranty" – deflects from their statutory obligations.

Delay Strategy

Warranty claims process takes time. By the time it's rejected, your 30-day window might be closed.

Liability Shift

"That's a warranty claim, nothing to do with us" – false, but many people believe it.

Upselling

Charging extra for something that adds little to your existing rights.

The Smart Approach

Don't Rely Solely on Warranty

Treat it as a bonus, not your main protection. Know your statutory rights and use them when appropriate.

Assert Statutory Rights First

Especially within the first 30 days. The warranty isn't going anywhere – you can fall back on it if needed.

Get Everything in Writing

Whether using warranty or statutory rights, document everything. Verbal promises mean nothing.

Don't Let Them Deflect

If the dealer says "contact the warranty company", remind them of their statutory obligations. They're liable too.

Check What's Actually Covered

Before paying extra for a warranty, read the exclusions. You might be paying £500 for something that excludes most failures.

The Bottom Line

Dealer warranties aren't worthless – they can provide convenient cover for post-sale failures. But they're not a substitute for your statutory rights, and they're often not as good.

Your Consumer Rights Act protections:

  • Can't be excluded or limited
  • Cover everything, not just listed components
  • Include rejection rights the warranty doesn't offer
  • Don't require excess payments

When something goes wrong, assess which protection gives you the better outcome. Often, that's your statutory rights.

And remember: the dealer is liable whether or not you have a warranty. Don't let them pretend otherwise.


Dealer pointing you at the warranty instead of taking responsibility? Check if you qualify for our rejection service – we'll enforce your statutory rights.

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Dealer Warranty vs Consumer Rights: Which Is Better? | FaultyCar.co.uk