Named keeper is different from the seller?

legal updates

The main issue here is whether that person has got authorisation to sell/pass on title of ownership.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

This often occurs in the motortrade, usually when purchasing from auction houses the current registered keeper’s name will be different. If however  you have been approached by someone who claims to be in the “motortrade” then proceed with caution! The main issue here is whether that person has got authorisation to sell/pass on title of ownership. Relatives of the named keeper should also be dealt with an open mind!

For instance, if Mr P approaches you to purchase a vehicle, the registered keeper happens to be Mrs P, you agree to purchase the vehicle and the purchase price is handed over. Mrs P / the Police then contact you to say the vehicle has been stolen by her husband (they are currently going through a bitter divorce) because Mrs P has not given her consent for title of ownership to be passed. Even though you have paid the purchase price, you are not the legal owner of the goods.

You are then left with no vehicle and out of pocket.

The obvious first check to do is the vehicles history however we often see that these checks have delays when it comes to interests being shown but also check with the named keeper before making any agreement to purchase.

Wearewood Services LtdMotor Trade Web Specialists

We offer an all-encompassing web, digital & design service specially tailored to the Motor Industry.

Roxanne BradleyLegal AdvisorRead More by this author

Related Legal Updates

New & Improved?

Defending proceedings issued relating to whether the lack of a CD player in a new car was an “upgrade” or not.

Inspecting part-exchange vehicles

It is always a good idea to keep a paper trail for any transaction, especially in situations where representations are being made by a consumer.

Commission Disclosure Court Cases

The majority of the cases where court proceedings have been issued about commission disclosure are because our members have either ignored the correspondence or just decided not to engage with these fine upstanding companies.

Do NOT try to take away a consumer’s rights on an invoice

A Welsh Trading Standards department prosecuted a car dealer for “Furnishing a used car invoice to a consumer giving the impression that the consumer had less rights than they actually did.”

Misleading adverts results in £58,000 fine

The result should serve as a warning to all traders to ensure vehicles are accurately described.

What’s that pain between your shoulders? It’s the Trading Standards’ knife in your back!

Trading Standards are meant to provide help and suggestions to ensure future compliance.

Customer ordered to pay our client’s court costs in mileage dispute

A mileage disclaimer sticker was also displayed on dashboard at the time of sale, advising that the mileage must be deemed incorrect unless otherwise stated in writing.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.