Car Distance Selling - Signing a Contract twice?

[msingh1]

Hi

From what I have gathered if a car is bought from a dealer over the phone/email and documents are signed, scanned and returned, this is a distance selling contract.

What happens if on then going to the dealership after doing this to pick the car up (having paid for the car unseen), the salesman asks the customer to resign the same documents again (whether innocently or not) - does this second signing nullify the distance selling contract?

Thanks.

[LemonParty]

IANAL but I would assume that as you are at the premises you would have to opportunity to inspect and test the car, therefore making it no longer a distance selling transaction.

[Mojooo]

The Regulations apply to distance contracts and to be a distance contract it must be concluded (i.e fully agreed) with no face to face contact between buyer and seller.

As such if a legal agreement is amde over the phone to make the sale then distance selling protections kick in.

The purpose of distance selling is protect you when you don't meet the seller not when you don't see the goods (it is theorectically possible to see the goods and it be a distance sale as the definition relies on lack of face to face communication rather than viewing the goods in person).

If you go to the premises and then sign another contract it will be easy for the trader to say that the contract was made face to face and distance rules don't apply and you could (almost certainly) be buggered if you then tried to pursue it through court.

[Mojooo]

Also you would be stupid to buy any car unseen AND PAY FOR IT unless you have seen lots of photos and it is of really low value 9i.e you can afford to lose it).

The distance rules do give you the right to back out when you turn up but if you have paid then a less than honest dealer may make it difficult to get your cash back.