On premises sales, off premises sale and distance contracts

legal updates

If you are not operating an organised distance selling scheme or going to people’s homes to complete a sale, you will be selling by way of ‘on premises’.

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.

All of the above are caught by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which came in last year.  

Most sales by our dealers will be subject to the ‘on premises’ sales rules within the Regulations given that an on ‘on premises’ sale is defined in the Regulations as:

A contract between a trader and a consumer which is neither a distance contract nor an off premises contract.

So on a very general level, if you are not operating an organised distance selling scheme or going to people’s homes to complete a sale, you will be selling by way of ‘on premises’.

The fact that these Regulations contain the word ‘information’ in their title does give a clue that even ‘on premises’ sales require you to give certain information to your customers. The required information is set out in Schedule 1 of the Regulations and includes the requirement to provide your complaint handling policy. If you are not already doing this, our Legal Rights Booklet provides you with a ready made complaint policy to give to each of your customers.

To check if you are complying with all the information requirements, do check Schedule 1 and if you are unsure and you are a Lawgistics Member, do call us for advice.

Automotive ComplianceWE TALK YOUR LANGUAGE, WE KNOW YOUR BUSINESS

Need help with keeping on track with FCA Regulation and Compliance? Partner with Automotive Compliance

For more details on the updated Distance Selling Regulations you can listen to Nona talking to Derek Blair on Motor Trade Radio.

Nona BowkisHead of Legal Services / SolicitorRead More by this author

Related Legal Updates

Assist your consumer… before it’s too late

If a consumer is ignored or refused assistance by you, and a repair is carried out, you will no longer be able to inspect the failed component.

What? You want me to pay after nearly 6 years?

After 5 years, 8 months, and 41,000 miles, there was a problem with the vehicle, and it ultimately required a new engine costing £4,600.

Consequential Losses

General stress and anxiety is not recoverable, otherwise everybody would claim it, similarly the time spent in dealing with a claim is generally not recoverable.

Car sold with a fault

Ensure the consumer is aware, understands, and most importantly, accepts the vehicle is subject to fault.

What you pay for is what you get

The consumer presented our member with the bill because they wrongly thought they had the right to do what they wanted.

Customer reneges on agreed not distance sale

Our member explained they do not offer a delivery service and do not engage in distance selling.

Fast Track Claim Dismissed

The court commented that as a matter of common sense when purchasing a used item, a buyer has to accept the item is not going to be in the pristine state it would be in if purchased brand-new.

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.