Juke Box Jury – Check your spec…

legal updates

You should certainly check as much as you can and certainly, making no checks is not good enough.

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.

There’s been a bit of controversy recently about whether new Nissan Jukes should have an automatic door locking feature when the vehicle reaches a low speed at start off. 

Customers were relying on a spec which said it should but it appears Nissan decided to stop including the feature due to impending EC law changes. The feature is claimed to impose a safety hazard since it impedes rescue services getting people out if the vehicle is involved in an accident.

It takes us on to the whole issue of understanding the spec of a vehicle you are selling. You can, of course, be prosecuted if you claim something is on the vehicle but it is not eg heated seats button but not fitted on this model etc. An old test case involved the misdescription ‘waterproof’ being applied to a wristwatch. The Judge questioned the retailer and established the one basic test of dipping the watch in a glass of water had not been taken and a prosecution resulted. 

So what do you need to do? You have to take reasonable precautions. You should certainly check as much as you can and certainly, making no checks is not good enough.

HaswentWebsites for dealers small and large

Composer is a next-gen automotive platform that has been designed from the ground up to give you an intuitive way to promote your stock. You have extensive stock management options, and you'll gain a brilliantly responsive new website to advertise your stock, starting at just £39.99/month.

Dennis ChapmanIn remembrance of Dennis Chapman 1951 -2015Read More by this author

Related Legal Updates

New & Improved?

Defending proceedings issued relating to whether the lack of a CD player in a new car was an “upgrade” or not.

Inspecting part-exchange vehicles

It is always a good idea to keep a paper trail for any transaction, especially in situations where representations are being made by a consumer.

Commission Disclosure Court Cases

The majority of the cases where court proceedings have been issued about commission disclosure are because our members have either ignored the correspondence or just decided not to engage with these fine upstanding companies.

Do NOT try to take away a consumer’s rights on an invoice

A Welsh Trading Standards department prosecuted a car dealer for “Furnishing a used car invoice to a consumer giving the impression that the consumer had less rights than they actually did.”

Misleading adverts results in £58,000 fine

The result should serve as a warning to all traders to ensure vehicles are accurately described.

What’s that pain between your shoulders? It’s the Trading Standards’ knife in your back!

Trading Standards are meant to provide help and suggestions to ensure future compliance.

Customer ordered to pay our client’s court costs in mileage dispute

A mileage disclaimer sticker was also displayed on dashboard at the time of sale, advising that the mileage must be deemed incorrect unless otherwise stated in writing.

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.