7 weeks and counting

legal updates

It’s been a tough year, but so many dealers have adapted, survived and in many cases, thrived.

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So, almost a year after Boris sent us into lockdown 1, we finally see some light regarding opening forecourts and showrooms for business!

It’s been a tough year, but so many dealers have adapted, survived and in many cases, thrived.

The date, when car dealers in England and Scotland can throw open their doors, looks to be 12 April 2021 (with Wales possibly earlier). This date is a “no earlier than” date and so it could be pushed back, but current signs are that we will fully get going again as an industry within seven weeks.

For now, we need to continue to keep premises closed and keep doing business in response to remote orders only, whether that be online or by phone. You can of course, as we have advised all along, section off a bit of the showroom to allow customers in to sign documents and complete any remote sales – the law has always allowed this.

For those of you who have embraced distance selling, we expect this will continue alongside more traditional sales but do remember that you will still need to provide the customer with all the distance sales terms to protect yourself from customers abusing both vehicles and your good nature. Give your customers a copy of our free Distance Sale template at the time of order and you will have complied with your legal obligations under the Consumer Contracts Regulations 2013. You cannot take away the consumer’s statutory right to the 14 days return period but you can ensure the sales are done on your terms.

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Nona BowkisHead of Legal Services / SolicitorRead More by this author

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Our member argued that numerous issues could have caused the overheating and ultimate failure.

Court Rules Against ‘Serial Returner’ in Distance Selling Dispute

It is clear from his evidence that his true intention was that he wanted the ability to reject the car at a time of his choosing.

The omni-channel approach and distance sales

The conclusion of a contract when purchasing a vehicle occurs when a deposit or the full purchase price is paid.

Always prep, check, then check again

If you state that every vehicle comes with a new MOT, then ensure that they do!

How to legally get rid of an uncollected vehicle

Unlike a notice to collect goods, a notice of intention to sell uncollected goods can be used for all types of conventional bailment, and not just where the goods were left for repair, valuation, or storage.

What are your legal obligations once you have a customer’s vehicle?

Bailment is one of the most common legal relationships that many businesses find themselves in with consumers.

Customer reneges on agreed not distance sale

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

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