Author: Dennis Chapman
Published: September 6, 2010
Reading time: 1 minute
This article is 11 years old.
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.
We will look at some further Office of Fair Trading guidance on complying with these Regulations.
Checking the mechanical condition of the vehicle
The guidance suggests arranging for a suitably qualified or competent person to carry out pre sale inspections. From Lawgistics perspective we would suggest that a vehicle is subject to a MOT test at the time of sale. In this way you have the reassurance and legal evidence of its roadworthiness when sold in the event that there is a subsequent complaint.
In addition the guidance extends the requirement for pre delivery checks to include all aspects of the operation of the car to ensure it satisfies the Sale of Goods requirement of satisfactory quality. An important new provision is that systematic failure to carry out such checks could be considered a breach of the CPRs. It is vital to keep records of inspections. Any defects should be advised to the customer.
Although this may seem onerous it will again have benefits if there is a problem downstream since you will have evidence to defend a Sale of Goods claim.