Car dealers told to disclose business use of vehicles or face legal action

New guidance has been issued by trading standard officers to assist dealers in complying with consumer law.

The guidance comes in the wake of concerns over dealers selling cars with a single previous owner but failing to mention that they were used as company or rental cards.

The Advertising Standards Authority (ASA) recently stated that drivers had a “viable case” where dealers failed to disclose whether or not the car was previously in business use.

Guidance published by the Society of Chief Officers of Trading Standards in Scotland (SCOTSS) warns that a failure to disclose such information could result in criminal or civil action.

The document states: “If you mislead, behave aggressively or otherwise act unfairly towards consumers, then you are likely to be in breach of the CPRs (Consumer Protection Regulations) and may face criminal or civil enforcement action. In certain circumstances consumers can take legal action against traders…”

Peter Adamson, chairman of SCOTSS said: “Second hand car sales is still a significant area of consumer detriment in Scotland, and complaint numbers are still high, partly due to the complexity and nature of the product, and partly due to the complexity of the law.

“We are publishing this comprehensive guide to the law to help car dealers in Scotland comply with the law and improve the level of service they give to their customers.”