If a Used Car Differs From Its Inspection Record, You Can Cancel Within 30 Days of Delivery -- 90 Days for Flooding, and the Inspection Must Be Within 120 Days

The cancellation period is 30 days from delivery, or 90 days for flooding

Article 58-6 of the Act lists two cases in which a buyer who purchased through a dealer may cancel within 30 days of the delivery date. In the first, the mileage or accident history differs from what was disclosed in the performance and condition inspection. In the second, the inspection items (flooding excluded) or the seizure and mortgage status were misstated or not disclosed at all. If the flood history differs from the disclosure, or flooding was concealed, the period is 90 days from delivery. The clock starts on the day you receive the car, not the day you sign.

What the dealer must tell you in writing before the contract

Under Article 58, paragraph 1, a dealer must give the buyer the following in writing before the contract is made.

• The inspection results and photos taken during the inspection, which must be no more than 120 days old
• Whether the car is under seizure or has a registered mortgage
• Brokerage fees and other amounts the dealer collects
• If the buyer asks, the dealer's price assessment of the car

The disclosure is made on the performance and condition inspection record (Form 82), and the dealer must keep a copy for one year from the issue date.

Which items on the record can justify cancellation

Everything starts from what the record says: mileage, accident history, flooding, and seizure or mortgage. The guidance printed on the form limits an accident to cases where a major frame part was sheet-metal repaired, welded or replaced. The quarter panel, roof panel and side sill panel count as an accident only if they were cut and welded, while sheet-metal work or replacement of outer panels such as the hood, front fender, doors, trunk lid and bumpers is treated as simple repair and is not counted. If the record says no accident but welding marks turn up on a frame part, you can examine whether that is grounds for cancellation.

The inspector's warranty is at least 30 days or 2,000 km

The party that inspects the car must stand behind its findings and carry liability insurance (Article 58-4). Article 123-8 of the Enforcement Rule sets the scope of that warranty at at least 30 days from delivery or at least 2,000 kilometers of driving. The form has blanks for the warranty period and distance, and whichever comes first applies. Check the numbers on the record with your own eyes before you sign.

If you cancel, return the car at once and get your money back at the same time

Article 58-6, paragraphs 2 and 3, set the order. A buyer who cancels must return the car to the dealer immediately, and the dealer must refund the price already paid at the same time as the car is returned. It is safer to state your intention to cancel in writing than orally. If the other side refuses to accept it, the way to fix the date by certified-content mail can help. Do not leave it to the last day.

If the period has passed, or you only want damages

A missed cancellation period does not close every door. Article 58-3 says a dealer who fails to give the disclosures above, or gives false ones, must compensate the buyer for any financial loss. To back this up, the dealer must carry surety insurance or a mutual-aid guarantee, or deposit money with the court. The minimum set by Article 13-3 of the Enforcement Decree is 20 million won for a corporation and 10 million won for a sole proprietor. When the sale is completed, the dealer must explain the coverage amount, the insurer and the coverage period, and hand over a copy of the certificate. Check that you received it.

To claim the insurance payout, you must submit documents such as a notarized settlement agreement between you and the dealer, a court conciliation record, or a copy of a final judgment.

Check public databases before you sign

The guidance printed on the record form says you can search actual listings and check maintenance history at Car365 (www.car365.go.kr), and check recalls at the Auto Recall Center (www.car.go.kr). An online advertisement must include the registration number, seizure and mortgage information, the inspection record, the used-car presentation report number, the dealer's name, address and phone number, and the salesperson's ID number. If you are looking at cars after heavy rain, see also flood-damaged cars, insurance cover and why not to start the engine, and you can estimate the cost that follows a purchase in the article on the bond you may have to buy at registration.

Order of steps

• Before the contract: get the inspection record, check that the inspection is within 120 days, and read the warranty period and distance
• On delivery day: note the delivery date and photograph the odometer
• Within 30 days of delivery: if mileage, accident history, or seizure and mortgage status differ from the record, give written notice of cancellation
• If you suspect flooding, follow the same steps within 90 days
• If the cancellation period has passed, negotiate with the dealer on the basis of damages and the surety certificate

These provisions are written as duties of licensed car dealers, so they may not apply as they stand to a direct sale between two individuals. This article is general information and is not legal advice. If the amount is large or the dealer refuses to cancel, take your facts to the Korea Consumer Agency counseling line (1372), a lawyer or the Korea Legal Aid Corporation. Sources: Motor Vehicle Management Act Articles 58, 58-3, 58-4 and 58-6, its Enforcement Decree Article 13-3, and Enforcement Rule Articles 120 and 123-8 (National Law Information Center, checked October 18, 2026).