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Clear Advice for Second Hand Car Dealers

At a time when consumers are tightening their belts and may be wishing to buy cheaper, second hand vehicles, new guidance designed to protect the second hand car buying public has been issued, Warwickshire County Council Trading Standards Service has announced.

New guidance and a checklist has been launched with the aim of reducing the sales of unroadworthy and ‘clocked’ cars and ensure that car dealers know that if they sell a faulty car, they are legally obliged to repair it.

Warwickshire County Councillor Richard Hobbs, Portfolio Holder for Community Protection, said: “Whilst many second hand car dealers take their responsibilities seriously and comply fully with the law, unfortunately some do not.

"After home improvements, Warwickshire consumers complain more about second hand cars then about any other purchase.

"This new guidance and checklist will help ensure all car dealers understand the do’s and don’ts of selling second hand cars and provide consumers with much needed protection.”

In order to comply with the Consumer Protection from Unfair Trading Regulations for example, second had car dealers are expected to carry our pre-sale checks on their vehicles to ensure they are not stolen or written off and that the mileage is correct.

The vehicles must be safe and roadworthy and consumers must have the information they need to make informed choices.#

And, under the Sale of Goods Act car dealers are expected to ensure that the cars they sell are of satisfactory quality, fit for their purpose and as described. If not, then they are liable and consumers can seek re-dress.

Some second-hand car facts:

The vast majority of all second hand car faults come to light in the first three months, suggesting many second hand cars sold may not be of satisfactory quality, and are consequently the dealer’s responsibility to fix.
Consumers could potentially over-pay to the tune of around £580million a year as a result of illegal clocking, which involves adjusting a vehicle to show false mileage.

Some dealers may be in breach of the law by pretending to be private sellers to evade their legal obligations to consumers.

One in eleven car dealers rely on illegal disclaimers about the car’s history and condition, such as that a car is ‘sold as seen’ or ‘No Refund’.

Many dealers fail to disclose what mechanical and other pre-sale checks they have carried out and fail to give consumers the information they need to make informed choices.

For more information and for a copy of the checklist and guidance, visit: http://www.oft.gov.uk.

To make a consumer complaint phone Consumer Direct on 0845 04 05 06.