Distance selling rules… technical query on car purchase
Discussion
Wondering if anyone knows the answer to a very specific question.
I’ve seen a car that I like and paid a deposit on it. The dealership sent an order form which I’ve signed digitally.
If I pay for the car in full, and then turn up to collect in person, does this still count as a distance sale ? Or would I need the car to be delivered (ie. in-person collection would no longer mean it’s a distance sale?).
I’ve seen a car that I like and paid a deposit on it. The dealership sent an order form which I’ve signed digitally.
If I pay for the car in full, and then turn up to collect in person, does this still count as a distance sale ? Or would I need the car to be delivered (ie. in-person collection would no longer mean it’s a distance sale?).
Kananga said:
Wondering if anyone knows the answer to a very specific question.
I’ve seen a car that I like and paid a deposit on it. The dealership sent an order form which I’ve signed digitally.
If I pay for the car in full, and then turn up to collect in person, does this still count as a distance sale ? Or would I need the car to be delivered (ie. in-person collection would no longer mean it’s a distance sale?).
When you say "seen", do you mean 'seen online'?I’ve seen a car that I like and paid a deposit on it. The dealership sent an order form which I’ve signed digitally.
If I pay for the car in full, and then turn up to collect in person, does this still count as a distance sale ? Or would I need the car to be delivered (ie. in-person collection would no longer mean it’s a distance sale?).
If the contract is made remotely, yes. If you've had any face-to-face contact before signing the contract, no.
https://www.themotorombudsman.org/distance-sales-f...
Kananga said:
interstellar said:
If you go to the dealership it won’t be a distance sale, simples.
Yes I thought that it was still a distance sale if the sales contract was signed/committed away from the dealer’s premises. Kananga said:
Dan W. said:
If you visit the site and see the car before you take it away its not a distance sale.
Yes am not planning to visit before collection. Just wanted to confirm that collecting in person doesn’t compromise the categorisation as a distance sale. If you want distance sale protection you should have it delivered to you, attending site creates a grey area. Especially if you have to sign anything.
Edited by andburg on Tuesday 11th April 09:23
Kananga said:
Dan W. said:
If you visit the site and see the car before you take it away its not a distance sale.
Yes am not planning to visit before collection. Just wanted to confirm that collecting in person doesn’t compromise the categorisation as a distance sale. the only way you will have a distance sale is if they deliver it to you, if you visit the site its not.
It’s a tricky line here.
If you’ve paid in full and signed EVERYTHING needed to conclude the contract prior to collection it is indeed a distance sale.
If you’ve paperwork to complete or anything else to pay on collection, it’s not a distance sale.
It’s not really a loophole as such, it’s just that you don’t need the distance protection as you are there at the point of final transaction and if you find issue can stop the process.
If you’ve paid in full and signed EVERYTHING needed to conclude the contract prior to collection it is indeed a distance sale.
If you’ve paperwork to complete or anything else to pay on collection, it’s not a distance sale.
It’s not really a loophole as such, it’s just that you don’t need the distance protection as you are there at the point of final transaction and if you find issue can stop the process.
Kananga said:
Thanks all. Much appreciated. Sounds like the cleanest way to benefit from distance protection is to have it delivered.
Appreciate all the help.
Call them, ensure that you will literally turn up and collect the keys with nothing to sign and that the V5 will have been requested in your name and you should be ok.Appreciate all the help.
Last thing you want is to turn up for collection then find they want you to negate your distance selling protections.
If they are a sensible garage they wont let you leave without singing the original order form to say you have been on site.
Our garage does not deliver any cars, we get people from all over the country who have to come and collect and they sometimes try this tactic of paying and turning up and dont want to sign anything.
deal gets cancelled and we will refund their money which we have done on the odd deal.
Our garage does not deliver any cars, we get people from all over the country who have to come and collect and they sometimes try this tactic of paying and turning up and dont want to sign anything.
deal gets cancelled and we will refund their money which we have done on the odd deal.
Dan W. said:
If they are a sensible garage they wont let you leave without singing the original order form to say you have been on site.
Our garage does not deliver any cars, we get people from all over the country who have to come and collect and they sometimes try this tactic of paying and turning up and dont want to sign anything.
deal gets cancelled and we will refund their money which we have done on the odd deal.
Yes, had the same on another recent purchase where the dealer insisted that I had to be there in person. They wouldn’t admit it but it must have been to avoid the sale being classified as a distance sale. Our garage does not deliver any cars, we get people from all over the country who have to come and collect and they sometimes try this tactic of paying and turning up and dont want to sign anything.
deal gets cancelled and we will refund their money which we have done on the odd deal.
I’m not looking to do anything disingenuous, just would be nice to get the car up on the lift at home and have a proper look at it. Appreciate there are some people out there who have blatantly abused the rules to enjoy a 2 week joyride!
Kananga said:
Dan W. said:
If they are a sensible garage they wont let you leave without singing the original order form to say you have been on site.
Our garage does not deliver any cars, we get people from all over the country who have to come and collect and they sometimes try this tactic of paying and turning up and dont want to sign anything.
deal gets cancelled and we will refund their money which we have done on the odd deal.
Yes, had the same on another recent purchase where the dealer insisted that I had to be there in person. They wouldn’t admit it but it must have been to avoid the sale being classified as a distance sale. Our garage does not deliver any cars, we get people from all over the country who have to come and collect and they sometimes try this tactic of paying and turning up and dont want to sign anything.
deal gets cancelled and we will refund their money which we have done on the odd deal.
I’m not looking to do anything disingenuous, just would be nice to get the car up on the lift at home and have a proper look at it. Appreciate there are some people out there who have blatantly abused the rules to enjoy a 2 week joyride!
Can you ask the garage to get the car on a lift and you can look under it there ?
We often do this for some customers if they request
To ask a dumb question...
This will be useful to me shortly so really interested in the nuances. With a distance sale I get the general idea of any visit to where the car is located certainly prior to signing but even once everything is signed potentially creates a grey area that could influence the protection you would otherwise be afforded if the vehicle was delivered.
However, my follow up question is; when the car is delivered they typically walk you round the vehicle and ask you to sign you have received, does this mean you have accepted the car as of satisfactory quality?
As an example if you later the same day notice a small dent that was there at delivery (it happened to me on my last but one car). Or maybe that the door card rubber wasn't quite fitted properly...
my understanding is:
- Goods are as described.
- Goods are fit for purpose and of satisfactory quality.
Like I asked, by the process of signing for after what they could claim was a vehicle handover at your home address where you could have rejected the vehicle are you still protected.
I'm going to guess the exterior issue you should have noticed and raised it (you may get some good will) and the interior issue would be covered likely under warranty unless they could prove you damaged. I am going to guess the overriding factor in all of this is what is perceived as "reasonable" to check e.g. is it blue or red not does the vehicle have park assist as originally specified?
This will be useful to me shortly so really interested in the nuances. With a distance sale I get the general idea of any visit to where the car is located certainly prior to signing but even once everything is signed potentially creates a grey area that could influence the protection you would otherwise be afforded if the vehicle was delivered.
However, my follow up question is; when the car is delivered they typically walk you round the vehicle and ask you to sign you have received, does this mean you have accepted the car as of satisfactory quality?
As an example if you later the same day notice a small dent that was there at delivery (it happened to me on my last but one car). Or maybe that the door card rubber wasn't quite fitted properly...
my understanding is:
- Goods are as described.
- Goods are fit for purpose and of satisfactory quality.
Like I asked, by the process of signing for after what they could claim was a vehicle handover at your home address where you could have rejected the vehicle are you still protected.
I'm going to guess the exterior issue you should have noticed and raised it (you may get some good will) and the interior issue would be covered likely under warranty unless they could prove you damaged. I am going to guess the overriding factor in all of this is what is perceived as "reasonable" to check e.g. is it blue or red not does the vehicle have park assist as originally specified?
My understanding is that if all paperwork is completed away from the dealer’s premises, then you benefit from the distance selling protection regardless of whether you do a walk-around at point of delivery.
Of course, I assume that any damage caused subsequently would be your responsibility, but I assume you’d naturally point any obvious damage to the delivery agent prior to signing the hand-over documentation.
On my purchase, the paperwork clearly confirms “Distance Sale…. Yes”, so I’m comfortable that I can collect in person without compromising my rights in case there is a problem.
Thanks again to all who provided feedback above.
Of course, I assume that any damage caused subsequently would be your responsibility, but I assume you’d naturally point any obvious damage to the delivery agent prior to signing the hand-over documentation.
On my purchase, the paperwork clearly confirms “Distance Sale…. Yes”, so I’m comfortable that I can collect in person without compromising my rights in case there is a problem.
Thanks again to all who provided feedback above.
CoolHands said:
Clearly you should avoid a garage that won’t deliver due to this reason, as what have they got to hide? If you’re concerned, just don’t get drawn in and buy from somewhere else.
Yup. I bought a car recently from a dealership who refused to allow me to send a transporter to collect (ie. Even after I had paid the balance). The car was fine, absolutely lovely. The transport company told me that many dealers are now shying away from distance sales due to the behaviour of some customers who have blatantly abused the protections. Gassing Station | Car Buying | Top of Page | What's New | My Stuff