The Trade Descriptions Act 1968 applies to the sale of motor vehicles in the same way as it does to other goods. Any trader who, in connection with the sale or supply of a vehicle, misdescribes it in any way commits a criminal offence that can be punished by imprisonment and/or an unlimited fine.
What Legislation Applies?
What Constitutes of Description?
A description can be made in writing, but can also be verbal. Statements in advertisements, notices on the vehicle, badges, mileage indications, details in invoices or registration documents would all be descriptions. A response to a request by a customer could also amount to a description eg supplying a particular car when the customer has asked for one with a particular feature or quality.
What Are the Most Common Problem Areas?
- Mileage indications (see separate guidance note).
- Previous history eg date of manufacture, number of previous owners, service history.
- Physical characteristics eg model, engine capacity.
- Condition of the vehicle eg “A1” or excellent condition”.
How Can I Avoid Committing An Offence?
First of all you should make sure that any description you use is completely accurate and not misleading in any way. Even if it is literally true eg “one owner” may be true of a car which has been owned by a hire company but may be misleading because of the use it has had. Do not make statements that you have not checked eg that the car has not been involved in an accident.
Some of the precautions you might take are:-
- With regard to the previous history of the vehicle, refer to the registration document to check the age and date of first registration in the UK, particularly checking to see if it has previously been used abroad. Check also for the number and status of previous owners.
- The model and engine capacity should be checked in the registration document to see if they agree with the model motifs on the vehicle and also that no major modifications have been made during the life of the vehicle eg a smaller capacity engine fitted.
- Before deciding on a description of the condition carry out an examination of the bodywork and mechanical parts and describe it accordingly.
- When buying in a vehicle and the seller informs you of an improvement you will want to repeat to an intending purchaser, eg “recently reconditioned engine”, obtain proof from the seller in the form of an invoice or at the very least the signature of the seller verifying the fact.
Ensure all sales staff and other employees who came into contact with customers are properly instructed in these matters and have access to all relevant information eg registration documents and purchase invoices.
This leaflet is a brief summary of the law and is intended for general guidance only and should not be taken as being an authoritative legal document. For specific advice please contact Wigan Trading Standards.
