Always prep, check, then check again

legal updates

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

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 consumer’s first port of call when buying a vehicle, more often than not, will be to have a look online to see what is available. This could be on a generic platform like AutoTrader or your website if you advertise your vehicles there. Therefore, what is shown in the advert on all platforms is crucial.

The vehicle may look great, but the devil is in the detail. A consumer will be looking for key information on the vehicle’s service history, MOT record, optional extras (if any), and any other information that may entice them to purchase that specific vehicle. Therefore, the accuracy of this information could be a dealbreaker should the consumer find issues further down the line.

You should also check for any generic jargon usage when advertising a vehicle or advertising on your website. If you state that every vehicle comes with a new MOT, then ensure that they do! If this is not possible, make this very clear to the consumer, include this information on a pre-sale document, and gather the consumer’s agreement with such. That way, should they have an issue in the future, they cannot throw any arguments at you that the vehicle was not as advertised.

Whilst it is accepted that some mistakes may happen, you must prepare the vehicles and ensure all documentation with them is correct and accurate. If you have an interest in a vehicle from a potential customer, check the documentation again to ensure the consumer is correctly informed of the vehicle, the vehicle’s history, and all associated information that has been displayed or advertised.

ECSC Group plcMore Secure

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.

Kimberly StickleyTrainee SolicitorRead More by this author

Related Legal Updates

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.

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.

The finance industry focuses on durability, and misses the point!

There is plenty of sound legal authority that makes clear a buyer of a used vehicle must expect that faults will develop sooner or later.

Deposit and Fair Contractual Terms

Explore the intricacies of contract commitments and the bounds of consumer rights in our latest analysis, where a £3000 deposit dispute underscores the significance of clear terms and buyer responsibilities.

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.

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.