Buying from a dealer is generally recognised as the safest way of purchasing a used car, as you get the maximum protection from the law. However, not all dealers are equally reputable so it makes good sense to check out that you are buying from an established organisation with a good reputation.
Dealers have to comply with a whole range of legislation - some of which is specifically targeted at the motor trade.
The key pieces of legislation are:
Distance Selling Regulations, Price Marking Orders and Unfair Contract Terms all apply to dealers too.
This comes from Sale of Goods legislation. The car must meet the standard that a reasonable person would regard as acceptable, bearing in mind the way it was described, how much it cost and any other relevant circumstances.
The car must be free from defects, except those that were pointed out to you - excluding normal wear and tear on a used vehicle, and those which should have been uncovered by an inspection (but only if you inspected the car, or had someone do it for you). The legislation also requires dealers to sell cars only where they have clear title - which is where HPI comes in.
This comes from the Trade Descriptions Act. A dealer must not apply a false description, and all vehicles sold must correspond to any description applied to them.
For a dealer, mileage presents the biggest hurdle to a full and accurate description, but any other claims made for the vehicle must also be true - a dealer cannot advertise that a car has had one careful owner if in fact it has had three previous owners.
This comes from the Road Traffic Act. It is not illegal for a dealer to sell you a car which has been a "total loss", provided that he has not described it in contradictory terms, or failed to answer your questions on the subject honestly. However any vehicle sold or offered for sale to the public for road use must be in a roadworthy condition.
If you have said, for example, that you will be using a vehicle for towing a caravan it must be fit for that purpose unless the dealer has specified otherwise.
Proving that the dealer has stated fitness for a special purpose may be difficult unless you can obtain written confirmation.
A recommendation from somebody you trust is a good starting point. Find out whether your chosen dealer belongs to a trade association that requires the firm to abide by a code of practice.
Contact the Retail Motor Industry Federation (RMIF) or Scottish Motor Trade Association (SMTA) to find out which of your local dealers are members - see our Useful Links section.
You should expect any reputable dealership to be abiding by the letter and spirit of the law. That means they should be retailing good quality vehicles, with some kind of warranty cover. In addition they should be using services such as HPI and the National Mileage Register to ensure that they are able to pass on good title and are properly describing their vehicles.
Never assume, for instance, that a dealer has verified a car's mileage. No matter how big the dealership you should never just take the salesman's word for it, ask him for proof. If they have verified its mileage they will be happy to show you proof that they have.
Find out as much as you can about the other checks the dealer has conducted on the car for sale. Can they show you an HPI Certificate confirming the vehicle's details? Have they had the car independently inspected by an organisation such as the RAC, and can they show you the report?
Some dealers will belong to manufacturers' approved used vehicles' schemes that require a particularly stringent checking procedure. Many of these schemes include an HPI Certificate as standard.
Buyers are currently encouraged to return to the dealer if they have a complaint. If the dealer will not take any action, buyers should turn to the following agencies and organisations which advise car buyers on complaints against dealers:
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