Of course when describing a vehicle as having “full service history” it is not only the consumer who avidly reads the advertisement.
The Trading Standards Office, looking for a “quick nick”, also takes interest. They will compare what is written with the evidence presented and then see if the Consumer Protection from Unfair Contracts Regulations has been breached.
The niceties of plain and simple language with a strict interpretation are not the issue. Instead it is what is implied or may be understood by the average consumer that is paramount. A lease vehicle, the subject of three long term leases, is not a one owner vehicle but three. A driving school vehicle may be a one owner vehicle but if you fail to mention its history then you are guilty of the sin of omission. Similarly if you indicate “fsh” and omit to say that it has been in a shunt requiring remedial bodywork then that too will be an offence even though acceptable under the Sale of Goods Act.
All this, however, is now changing by virtue of amending regulations making a claim for compensation available to the consumer where an offence is proven. This in turn will be strengthened by the new “Consumer Rights Bill”.
So the moral of this story is to be careful of what you write. As with FSH, be clear.. Less is best and only say what you can prove with hard evidence. If there is something that does not help the sale, hiding it maybe an offence and cost you dear.
If in doubt ask LAWGISTICS
Octane Finance is the broker of choice for new and used car dealers nationwide. With our uncompromising service levels and our genuine and professional approach, you and your customers can trust us to deliver.
