Trading standards - fair trading
General guidance for businesses
Guidance for Used Car Dealers - Office of Fair Trading
The Office of Fair Trading (OFT) has published guidance notes and a checklist for second-hand car dealers, which sets out their legal obligations to customers under consumer protection laws.
The guidance is intended to help dealers comply with two important pieces of consumer protection legislation:
- the Consumer Protection from Unfair Trading Regulations 2008, which ban unfair commercial practices towards consumers and
- the Sale of Goods Act 1979, which governs dealers' legal obligations to consumers with regard to the quality, fitness and description of the vehicle and consumers’ rights to redress.
As the OFT documents are for guidance, you are of course not legally obliged to follow the advice contained in them. Also, they cannot cover every type of situation, since the interpretation of legislation is a matter for the courts. However, if you can demonstrate that you follow the guidance as part of your due diligence procedure this could be significant in the event of disputes or legal proceedings.
The OFT documents are available on-line at the following links:
Contracts signed at the consumer's home
Example cancellation notice - Contracts concluded at consumer's home
When contracts are concluded at a consumer's home, or elsewhere away from the trader's premises, current legislation requires the trader to give the consumer a note of their cancellation rights and certain other information.
Here is an Example Cancellation Notice for trader's use to issue to customers.
Jewellers / Precious metal dealers
Download the current Dealers' Notice to comply with the Hallmarking Act 1973 from the Assay Office Scotland.