On premises sales, off premises sale and distance contracts


If you are not operating an organised distance selling scheme or going to people’s homes to complete a sale, you will be selling by way of ‘on premises’.

Author: Nona Bowkis
Reading time: 2 minutes

This article is 7 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.

All of the above are caught by The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which came in last year.  

Most sales by our dealers will be subject to the ‘on premises’ sales rules within the Regulations given that an on ‘on premises’ sale is defined in the Regulations as:

A contract between a trader and a consumer which is neither a distance contract nor an off premises contract.

So on a very general level, if you are not operating an organised distance selling scheme or going to people’s homes to complete a sale, you will be selling by way of ‘on premises’.

The fact that these Regulations contain the word ‘information’ in their title does give a clue that even ‘on premises’ sales require you to give certain information to your customers. The required information is set out in Schedule 1 of the Regulations and includes the requirement to provide your complaint handling policy. If you are not already doing this, our Legal Rights Booklet provides you with a ready made complaint policy to give to each of your customers.

To check if you are complying with all the information requirements, do check Schedule 1 and if you are unsure and you are a Lawgistics Member, do call us for advice.

For more details on the updated Distance Selling Regulations you can listen to Nona talking to Derek Blair on Motor Trade Radio.

Nona Bowkis

Legal Advisor

Read more by this author

Getting in touch

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