Advice about Trading Standards and Car Sales
Trading standards officers are responsible for investigating & prosecuting a wide range of consumer protection regulations including advertising, displaying and selling unroadworthy used cars by car traders and used motor vehicle retailers, building work, builders and home improvements.
Their powers allow them to enter premises, seize vehicles, make test purchases, carry out covert investigations and of course take businesses to court for trading standards and unfair commercial practices.
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What are trading standards for car sales?
In short, the standards expected from car sellers in terms of vehicle quality, description and fitness for purpose , as well as their practices and behaviour. They also mean that remedies should be in place for instances in which these car trading standards are not met.
Trading standards officers are responsible for a wide range of consumer protection regulations, and can investigate and prosecute in relation to them. This jurisdiction includes advertising cars, displaying and selling unroadworthy used cars by car traders, and used motor vehicle retailers.
Their powers allow them to enter premises, seize vehicles, make test purchases, carry out covert investigations and, of course, take businesses to court for trading standards and unfair commercial practices.
Officially, car dealers should operate in compliance with the following trading standards for UK car sales:
Consumer Protection from Unfair Trading Regulations 2008 (CPUTRs)
This prevents car dealers from using unfair business practices; misleading, aggressive, or otherwise unfair behaviour could result in legal action, whether they are before, during, or after the vehicle sale.
Consumer Rights Act 2015 (CRA)
This is the primary law that helps consumers seek a refund when there’s something wrong with a car they’ve purchased. Car dealers must ensure that the vehicles they sell are of satisfactory quality, fit for purpose, and match the description; they also need to have the legal right to sell the vehicle in the first place. Consumers may be entitled to a full refund, repair, or replacement if these conditions are not met.
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How car trading standards affect car dealers
Advertising Cars
Advertisements with misleading information where the mileage is higher or lower than in reality or the price is different than on the site, making references to credit services without a “credit license”, or advertising the wrong specification are all potential legal offences.
Displaying Cars for Sale
Motor retailers offering an unroadworthy car for sale will get you in legal hot water with trading standards and explaining that the work will be carried out once a deal’s been struck and before the car goes out, won’t cut any ice.
Selling Second-Hand Cars
If a consumer reports a complaint to Trading Standards as to the safety, condition or mileage discrepancy of a second-hand car bought from a dealer you could face criminal prosecution under Consumer Protection from Unfair Trading Regulations 2008.
Trade Sales
Marking car sales invoices with trade sale no warranty implied or given isn’t a defence when the buyer turns out to be a consumer. If you don’t declare the vehicle has been in an accident, is a Category C right or sell a car which is damaged albeit repairable you could face prosecution under section 75 of the Road Traffic Act 1988.
How car trading standards protect you as a consumer
The standards car dealers are expected to folloe protect you as a consumer, giving you clear rights and remedies. For detailed guidance on how these protections work in practice, including both consumer law and trading standards, see our consumer law trading standards advice.
Fair practices
The Consumer Protection Regulations protects you by prohibiting misleading, aggressive, or unfair business practices by car dealers.
A satisfactory vehicle
Under the CRA, vehicles sold must meet specific quality standards, be fit for their intended purpose, and match their descriptions.
Remedial courses of action
If a vehicle does not meet these standards, you are entitled to remedies such as refunds and repairs.
Reduced risk
Trading standards for car dealers help to reduce the risk of you being misled or receiving a substandard vehicle, ensuring greater protection during car purchases, as well as greater safety out on the roads.
How car trading standards protect you as a consumer
The standards car dealers should operate by protect you as a consumer by giving you the right to:
Fair practices
The Consumer Protection Regulations protects you by prohibiting misleading, aggressive, or unfair business practices by car dealers.
A satisfactory vehicle
Under the CRA, vehicles sold must meet specific quality standards, be fit for their intended purpose, and match their descriptions.
Remedial courses of action
If a vehicle does not meet these standards, you are entitled to remedies such as refunds and repairs.
Reduced risk
Trading standards for car dealers help to reduce the risk of you being misled or receiving a substandard vehicle, ensuring greater protection during car purchases, as well as greater safety out on the roads.
The motor ombudsman explained
The Motor Ombudsman (TMO) is a self-regulatory body in the private sector, providing an alternative dispute resolution service for matters relating to the automotive industry. They help resolve disputes between consumers and accredited car dealers, investigating complaints and helping to settle matters fairly.
What happens if you have a faulty car bought on finance?
When the car you’ve bought is faulty, but you have purchased it through a finance agreement, you may wonder what your options are; trading standards come into play here, too. Stormcatcher Law can help you navigate the rejection of a faulty car bought on finance, using the Consumer Rights Act as a guide.
Our trading standards experts
As lawyers and arbitrators with extensive knowledge of the automotive industry, led by Philip Harmer, Stormcatcher Law know trading standards inside out. This knowledge and insight, gained through years of experience, means that we can swiftly pursue positive outcomes for consumers in disputes with car dealers.
Why choose Stormcatcher Law
We know the automotive industry, and we know the rules; having us in your corner when you are disputing a car purchase can make all the difference in getting the outcome you deserve. Choosing Stormcatcher Law for advice in an automotive dispute means that you have access to:
Automotive trading standards expertise and experience
With a deep understanding of automotive disputes, dealer practices, and the trading standards associated with them, we know how to find a path to the best outcome for you.
A stress-free resolution
We do everything we can to settle disputes outside of court. This saves you time, money, and protects your stress levels, whilst still pursuing a positive result.
Specialist legal support
Stormcatcher Law is led by an automotive law expert, which means that our guidance is clear, and based on a solid wealth of knowledge. This gives you confidence in upholding your dispute, as well as the best chance of success in settling your case.
Trading Standards for car sales Frequently Asked Questions
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Trustindex verifies that the original source of the review is Google. Philip & Stormcatcher offer an invaluable service, all round.
I had a longstanding small claim against a car dealership, regarding a mis sold warranty that wasn’t provided. Philip broke down the particulars of the case and provided me with priceless advice, helping me focus in on what needed to be put forward to the court in order to best represent myself, and my case.
No query from myself was too small, or left unanswered showing his high attention to detail, and customer care.
Not only is Philip an expert in law, but also can put this in to layman’s terms for those less educated!
Thanks again to Philip, Antonia & Stormcatcher, I couldn’t recommend their services any higher!
Trustindex verifies that the original source of the review is Google. Spoke to Antonia, she was incredibly helpful! Helped answer all my questions, provided an excellent service!
Trustindex verifies that the original source of the review is Google. Fantastic service. Phil was invaluable in assisting me in returning a car which was mis sold from a private seller. He managed to
negotiate the return of the vehicle, a full refund, and money to cover some of my costs. I honestly thought I was stuck with the car, but thanks to Phil & Antonia, Car Gone and money safely in the bank. I couldn't recommend their services enough. Thanks both.
Trustindex verifies that the original source of the review is Google. Incredible service from Phil. Reversed a decision made by a rather abrupt and argumentative insurance company. Would highly recommend.
Trustindex verifies that the original source of the review is Google. I recently had the pleasure of working with Philip and his team at Stormcatcher Law on a vehicle rejection claim, which also involved navigating a separate warranty company claim. Philip’s assistance throughout the entire process was nothing short of incredible.
From start to finish, the experience was seamless and stress-free. Philip is not only highly knowledgeable, but he is also one of the nicest and most approachable legal professionals I’ve ever met. Unlike many other firms, Stormcatcher Law operates in a unique and refreshing way. You never feel like you’re being charged for every minute, and their focus is clearly on providing the best service possible, rather than watching the clock.
Philip’s dedication and personalized approach made a complex situation much easier to handle, and I’m extremely grateful for all of his support. I would highly recommend Philip and the Stormcatcher Law team to anyone in need of legal assistance.
Due to the solid advice and support that Philip provided me with, I am proud to say that I won the legal case relating to the vehicle rejection. I also reached an amicable settlement with the warranty company which allowed me to put to bed an ongoing nightmare that was causing my family discomfort.
Thank you for the wonderful service!
Trustindex verifies that the original source of the review is Google. Stormcatcher Law helped me to reject my vehicle and settle out of court. I got the full amount I paid for the vehicle with no deductions (even though I had added nearly 2,000 miles and scratched the vehicle). I was absolutely delighted with the result. I could not have done it without Stormcatcher Law. Philip is an absolute gem. His ability to see through complexity and present a precise, concise and compelling case is second to none. He combines pinpoint precision with the pragmatism necessary to get a good out of court settlement. He is an absolute joy to work with and so are his team. Stormcatcher Law are providing an important specialist service which I highly recommend.
Trustindex verifies that the original source of the review is Google. Incredible service and Golden advice! I can’t recommend this firm enough to anyone who is dealing with dodgy used car salesmen. Give them a call, they’ll save you so much time, money and stress. Thank you Phil and Team!
Trustindex verifies that the original source of the review is Google. I have contacted Philip now on 2 occasions by phone when I was absolutely desperate for advice about how to reject a vehicle with a finace company. He gave me great advice and made me instantly feel better about a very stressful situation. His knowledge is really helpful....I can't thank you enough...thanks
Trustindex verifies that the original source of the review is Google. We have an ongoing legal dispute with a Motorhome hire company who are trying to charge us for a new engine in the vehicle we hired. Philip has been so helpful and reassuring to my family and whilst our situation isn't over yet, he's provided us with some great advice on how to proceed moving forwards.
Trustindex verifies that the original source of the review is Google. Fantastic, Professional and knowledgeable. In any matters concerning automotive law consumer guidance I found these guys to be so understanding. I would not go anywhere else. They have helped me understand my rights, and not be pressured into the wrong decisions. Keep up the great work. Thank you again.
</div>If you think a dealership has misled you, you should contact the dealership in the first instance to try and resolve the issue. Failing this, it’s time to seek out expert advice for your next steps; Stormcatcher Law can help.
Whilst many do, dealerships selling used cars aren’t required to provide a warranty on them. However, they should still meet the standards set out in the Consumer Rights Act 2015.
Yes, you can. If a fault appears within 30 days, you are well within your rights to reject the car and get a full refund. If the fault appears between 30 days and the six month mark, you are entitled to a repair or a replacement vehicle. If the fault reveals itself after six months, you must prove the fault existed at the time of purchase to claim a repair or a refund.
This depends on whether the dealership is a member of the Motor Ombudsman or not. If they are, you can report them directly. Alternatively, you can report them to trading standards through Citizens Advice, and/or pursue legal action using expert advice.
Fines, prosecution, or bans from trading are all official penalties that a dealership may face if they do not meet trading standards. Refunds or compensation claims could affect them financially, and, of course, there’s the damage to their reputation that such action can breed.
Unfortunately private sellers are not bound by trading standards for used cars in the same way as businesses. However, they are still obligated to match the description of the vehicle to its true condition and history under the Misrepresentation Act 1967. Legal action can be taken against them under this act if the seller lies about the car.
No but under the Consumer Credit Act 1974, you potentially have the right cancel a finance agreement within 14 days, voluntarily terminate a Hire Purchase or Personal Contract Purchase if you’ve paid at least 50% of the total balance, and challenge lending practices if you think they are unfair.