Complying with the Consumer Protection from Unfair Trading Regulations 2008

legal updates

Further guidance from the Office of Fair Trading on complying with this legislation and providing customers with important information prior to the sale.

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In this article we are looking at further guidance from the Office of Fair Trading on complying with this legislation.

Providing customers with important information prior to the sale

Prior to this legislation certain cases had established the potential for committing an offence under the old Trade Descriptions Act when crucial information was withheld.  The guidance is also drawing on a parallel with the sale of finance in that the motor retailer is becoming more responsible in making sure the customer is fully aware of the vehicle being sold. 

So the retailer must check and disclose:-

– the specification

– the true price

– the history eg insurance write off, import, MOT advisories, mileage discrepancies, defects to be accepted, ownership

– the warranty (if applicable)

– after sales services The retailer might use a checklist to provide the information but beware of advertising services which ‘populate’ such descriptions for you.  The original specification can sometimes be a long way from reality when a check is made. 

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Divorcing couples and their cars

The vast majority of cases are not theft. They are civil disputes and for this reason we would initially recommend speaking to a solicitor or Citizens Advice.

Get it in writing

Besides being an account of entirely unreasonable customer behaviour, this is an example of what can go wrong with oral agreements.

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