Consumer legal rights

Guidelines

The National Trading Standards aim to help to protect consumers and guide the Motor Trade Industry. The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) prohibit second hand car dealers from engaging in unfair business practices when dealing with consumers.

This includes informing the consumer about the history of a car i.e. “is it an ex-business use vehicle which may have had multiple users (for instance, was it previously used as a rental, taxi or driving school vehicle)?” It is NOT the buyer’s responsibility to ask!

The Advertising Standards Authority (ASA) is an independent body that regulate UK advertisements to ensure that they are truthful and socially responsible. Within their Guidelines, Rules: General: (3.1) they state that “marketing communications must not materially mislead or be likely to do so”.

So, car dealers must describe a vehicle for sale accurately and not to omit something a buyer would consider important in their buying decision.

The Legislation

It is the dealer’s responsibility to inform you of the previous use of a car! They must make “steps to check the vehicle’s history” before selling it to you, as set out in ‘Car Traders and Consumer Law, Guidance for Dealerships, Business Companion for Trading Standards Law’.

They can be prosecuted and fined for not doing this and breaching The Consumer Protection from Unfair Trading Regulations 2008 as was the case for Motorhub.

Further Advice

If you have any concerns that you may have been mis sold your car, as I was, or you are having problems with your vehicle/garage then please get in touch to see how we could help.