Consumer Rights Act: Used EV Battery Liability
If you're a UK car dealer selling used electric vehicles without checking the battery first, you're carrying a legal risk that could cost you thousands per vehicle. And the law is not on your side.
The CRA 2015 — The Three Requirements
Under the Consumer Rights Act 2015, every vehicle you sell must be:
- Of satisfactory quality — including durability
- Fit for purpose — it must do what a reasonable person would expect
- As described — your listing and sales pitch must be accurate
These requirements apply to all goods sold by a trader to a consumer. Used cars included. EVs included. Batteries very much included.
The Six-Month Reversed Burden of Proof
Here's the part that changes everything for EV dealers:
For the first six months after sale, if a fault appears, it is presumed to have existed at the point of sale. The customer doesn't have to prove the battery was faulty when they bought it. You have to prove it wasn't.
For ICE vehicles, this has always been manageable. Engine faults, gearbox issues — these are well-understood, and dealers know how to assess and document condition at point of sale.
But EV batteries are different. A battery can appear perfectly functional on a test drive while harbouring cell-level degradation that will manifest as range loss weeks later. Without a proper diagnostic at point of sale, you have no evidence to defend yourself.
What It Costs When It Goes Wrong
- Average dispute claim for a used EV battery issue: £6,193
- Battery replacement cost: £12,000–£25,000+
- Legal and admin costs of handling a CRA claim: additional thousands
- Reputation damage: one bad Google review from an EV dispute can cost you far more than the claim itself
And these disputes are increasing. As more used EVs enter the market, consumer awareness of battery degradation is growing. Buyers are more informed, more likely to check, and more willing to escalate.
The Evidence Gap
Here's the problem: you have no baseline evidence of battery condition at point of sale.
When a customer returns three months later saying the range has dropped significantly, what can you show? A test drive? A mileage reading? Neither tells you anything about battery health. And as we've covered in our SoH explainer, even a dashboard reading can be misleading.
What you need is a documented, independent, timestamped assessment — a certificate stating the battery's exact State of Health at point of sale, with cell-level analysis confirming no hidden defects.
That certificate is your defence. Without it, you're fighting a CRA claim with no evidence.
What Courts Will Consider
The CRA doesn't explicitly mention EV batteries — it doesn't need to. Courts will consider:
- What a reasonable person would expect from a used EV at the given price and age
- Whether the dealer took reasonable steps to assess and disclose the vehicle's condition
- Whether any faults were present at the point of sale
A dealer who can produce a TÜV-certified battery health certificate has a fundamentally stronger position than one who can't produce any evidence at all.
How to Protect Yourself
An independent battery health test at point of sale gives you:
- Documented baseline — the exact State of Health, recorded and timestamped
- Cell-level evidence — proof that no hidden defects existed at point of sale
- Independent verification — not your word, not the manufacturer's BMS reading, but a third-party certified result
- Customer transparency — sharing the certificate builds trust and reduces the likelihood of disputes in the first place
The test takes 3 minutes and costs ~£35. The average dispute costs £6,193. The maths is straightforward.
The Bigger Regulatory Picture
The CRA is just the current baseline. The EU Battery Passport regulation takes effect in February 2027. While the UK isn't directly bound by it post-Brexit, UK market expectations tend to follow EU standards. Battery health documentation is becoming a market norm, not just a legal requirement.
Five Steps to CRA-Proof Your EV Sales
- Test every used EV before it goes on the forecourt
- Store the certificate as part of your vehicle file — it's your legal evidence
- Share it with the buyer — transparency at point of sale is the best dispute prevention
- Include battery health in listings — 75% of buyers expect it
- Train your team on CRA obligations specific to EVs
Don't wait for a claim to land on your desk. The cost of prevention is a fraction of the cost of a dispute.