Dealers selling cars as private
Dealers selling cars as private
Author
Discussion

AndyLB

Original Poster:

428 posts

180 months

Friday 31st December 2010
quotequote all
I'm in the market for a new car (or at least, at that stage where I'm obsessively looking at loads of different models, deciding on one and then changing my mind a few days later)

I've found a car on PH classifieds advertised by a trader, only to find the same car (same reg number) again advertised £400 cheaper on ebay as a private sale.

Aside from being dodgy, is the trader breaking the law?

roverspeed

700 posts

212 months

Friday 31st December 2010
quotequote all
Yes, I would say so.

And he is also breaking Ebay rules.

He could also be dodging the tax man??

Variomatic

2,392 posts

177 months

Friday 31st December 2010
quotequote all
In a word, yes.

A trader can, in theory, sell their own (personal) car as a private sale but if it's listed as a trade sale in one ad it would be pretty hard to satisfy a court that it was a private sale elsewhere.

Traders hiding their "trade" status is a specific offence under Reg.12 of the Consumer Protection from Unfair Trading Regulations 2008 as an unfair practice according to Schedule 1, para 22, of that Order:

22. Falsely claiming or creating the impression that the trader is not acting for purposes relating to his trade, business, craft or profession, or falsely representing oneself as a consumer.

Regulation 13 of the Order gives:

13. A person guilty of an offence under regulation 8, 9, 10, 11 or 12 shall be liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or both.

So it's potentially a pretty serious offence.



edited to add: damn forum won't do italics over multiple paras frown

Edited by Variomatic on Friday 31st December 22:11

GilbertGutbucket

663 posts

179 months

Friday 31st December 2010
quotequote all
Give this car a miss, do not go near it.

AndyLB

Original Poster:

428 posts

180 months

Friday 31st December 2010
quotequote all
Is naming and shaming poor form?

Jasandjules

71,110 posts

245 months

Friday 31st December 2010
quotequote all
AndyLB said:
Is naming and shaming poor form?
Yes but reporting to Ebay is not.............