Don’t misdescribe inadvertently – Lawgistics Tip!

legal_updates

Firstly put the correct mileage on the documentation. 85,371 miles is NOT 80,000 miles!

Author: Dennis Chapman
Published:
Reading time: 1 minute

This article is 8 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 have experienced two potential misdescriptions recently which could lead to problems.

Firstly put the correct mileage on the documentation.  85,371 miles is NOT 80,000 miles!  Not only could this lead to problems with Trading Standards but, the customer may have grounds to reject the car for misrepresentation.  

Secondly when describing owner history use the word ‘keeper’ not ‘owner’ since every trader’s hands the car has been through is another owner.  Also, if you have bought the car from, say, a second keeper, it has had two previous keepers, not one.  Yes the V5 still shows one previous keeper but, in truth, the car has had two.  

Thirdly, when using a website that pre-populates the specification do carry out a check to make sure the specification is correct.

Dennis Chapman

In remembrance of Dennis Chapman 1951 -2015

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.