Misdescription – The devil is in the detail!

legal updates

To avoid an embarrassing and potentially costly situation check the description on an advert against the actual vehicle thoroughly before posting online.

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.

Motor traders using online sales adverts must take care to ensure the descriptions, which are often generated automatically from the make/model/registration number of the vehicle for sale, are accurate.

All too often such adverts, which can be somewhat generic, refer to specifications that are not present on the actual example for sale.

To avoid an embarrassing and potentially costly situation check the description on the advert against the actual vehicle thoroughly before posting online.

If an error is later discovered correct the advert as soon as possible and/or notify any prospective purchaser of the mistake and confirm the correct specification in writing before concluding the sale.

Impression Communications LtdPutting the motive in automotive

Impression works with businesses across the automotive aftermarket supply chain such as parts suppliers, warehouse distributors, motor factors and independent garages. Covering all aspects of automotive aftermarket marketing, including social media, event management, customer newsletters and PR, Impression is able to quickly establish itself within a client’s business and work towards their objectives.

Howard TilneyHead of Strategy / Legal AdvisorRead More by this author

Related Legal Updates

License to Copy

Companies use software to find where their images are being used, and this is how and why you would then receive a letter.

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 – Playing the Long Game

For our member, there were no costs as they did not have to employ an expensive solicitor.

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.

Mercedes diesel software update leads to NOx sensor fault

Our member now faces a repair bill of almost £700 plus VAT for the cost of a new NOx sensor, which they say is consequential to the Mercedes software update.

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.”

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.