So what does a seller have to reveal about a cars history.
Generally the seller has to declare anything they know about a car. They have to tell a customer if a car has been a write off.
As a seller, you have to carry out checks on the vehicle and tell prospective customers of those checks and their results.
If and when a consumer asks a question, if the trader replies with a false answer then this will be misrepresentation.
For example, if the consumer asks “is the vehicle in a good condition?” If the trader responds stating the vehicle is in good condition, this could be misrepresentation particularly if the trader knew the vehicle was a Cat D or C.
The vehicle does not need to have been marked as a Cat D or C for misrepresentation to occur. If the vehicle has been in an accident then misrepresentation would still arise if the trader informed the consumer the vehicle has not been subject to any accidents.
If you are selling a vehicle which is registered as a Cat D or C, ensure this is contained on the advertisement in bold and clear writing. If the consumer is informed of the vehicles condition and you have gone to the lengths of also stating this on the sales invoice, the consumer will then have difficulties if they later attempt to have been unaware of the vehicles condition.
On average 55 vulnerabilities are identified daily.
What can I do?
Review your organisations priorities and ask ‘can we afford a breach?’. What do I do during an incident? Who do I involve? When do I involve the ICO?
If you’re unable to answers these questions, you need help from the experts.