Beware of a deal carried out on the trust of a customer

legal updates

Always carefully check over the part exchange vehicle you are buying BEFORE you agreed to the deal.

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.

A lot of transactions involving a part exchange can leave the dealer high and dry when the part exchange is a ‘pig in a poke’. 

We get a number of disgruntled clients complaining that they agree a sale of a vehicle only to find that the part exchange doesn’t match what the customer has said.  The timing of the contract is of utmost importance and also points to the need for good order forms/invoices when completing the deal.

In a recent situation a client agreed to sell a vehicle at a price.  The sales person asked the customer whether the part exchange car drove well.  She said it did.  The customer paid a deposit which is usually the agreed time in law that the contract is made. 

Unfortunately when the part exchange was delivered, it was noted in a short time that the part exchange car certainly did not drive well.  BUT:-

a)     Who is to say it didn’t drive well when the contract was made?

b)     What if the customer lies about what was said?

So, as a rule, always carefully check over the part exchange vehicle you are buying BEFORE you agreed to the deal.  AND use good order forms/invoices which tie down some key descriptions for your part exchange, eg has it had an accident?  Is it on finance? Etc etc. 
 

DMS NavigatorDealer Management System software for Car Sales, Aftersales and eCommerce

Our dealers use us to help them be more Efficient and Profitable!

You can use our Dealer and Lead Management software to integrate all dealership departments, both online and physical ; providing all in-house functions; Invoicing, Stock Management, Accounting and Marketing as well as interfacing for advertising, ecommerce and more.

Dennis ChapmanIn remembrance of Dennis Chapman 1951 -2015Read More by this author

Related Legal Updates

AI is the future – but treat it with care!

AI can be a powerful ally—but recent cases show its misuse can lead to serious consequences, even contempt of court.

The devil is in the detail

A solid report can make or break your legal case, but even minor mistakes can be costly. Learn what details to double-check in vehicle reports and how to avoid common pitfalls that could undermine your evidence in court.

Major changes to UK Consumer Law have landed

The Digital Markets, Competition and Consumers Act 2024 has introduced sweeping updates to UK consumer law, including powerful new enforcement tools for the CMA.

When principle costs you the case

What started as a bold claim ‘on principle’ quickly unravelled into a costly courtroom lesson in getting your facts, and your legal standing, straight.

Recent Cases, Real Consequences – and What to Learn

From missed emails to misplaced vehicles, here are a few real-world reminders to help you avoid unnecessary headaches.

Legal Disputes: Why traders should avoid direct contact

The urge to sort the matter out, or attempt to, can put a strain on the process and you may find yourself in a difficult position.

The etiquette of handling consumer complaints

It is always best practice to get involved while you have the chance and follow the correct process at the very beginning.

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.