Distance Buying / Selling from Dealership

[DickP]

Hi,

When buying from a dealership via distant purchase (e.g. over the internet), do the consumer rights to return etc. only apply if it's delivered to your house or does it also apply on click and collect?

Thanks!

[rriggs]

It comes down to when the deposit is taken. If the customer places a deposit online or over the phone, they have entered into the contract prior to seeing the vehicle.

That is then likely to be considered a distance sale which means the customer must be given the correct paperwork and a 14 day ‘change your mind’ option. If the dealer fails to provide all the correct paperwork, the change your mind period is extended by a year.

If dealers go for a ‘reserve and collect’ style model – or what some have called a ‘no deposit click and collect’ model – the customer does not make any payment at the time the appointment is booked.

As such, the customer only pays and enters into the contract after they have been to the premises and viewed the car, so this is unlikely to be a distance sale meaning none of the distance sale paperwork will need to be provided and no 14-day return policy needs to be offered.

[colin79666]

Also keep in mind you only have a right to return if you have only used the vehicle as much as reasonable to determine it isn’t suitable. Some dealers actually state something like 100 miles in their contract. Of course this is just for returning under distance selling, you still have other rights if the car turns out to be a lemon.

[DickP]

Thank you for the informative reply.

Say the dealer is offering some additional packages as part of the deal (e.g. additional year extended warranty) if taking out a Contract Hire / Finance agreement, if I were to cancel within the 14 day period and pay up the full amount to the finance company, are they then able to withdraw the benefits gained from the deal?

[ukpolak]

DickP said:

Thank you for the informative reply.

Say the dealer is offering some additional packages as part of the deal (e.g. additional year extended warranty) if taking out a Contract Hire / Finance agreement, if I were to cancel within the 14 day period and pay up the full amount to the finance company, are they then able to withdraw the benefits gained from the deal?

I did exactly that on a brand new which had a heavy discount on the basis of taking out finance. I read the T&Cs thoroughly and after a few days of car ownership I called with withdraw the finance. I just paid up the balance with no interest and the car was all mine. Make sure you use this terminology rather than “I’d like to settle the finance” else there may be an ERC or other charge. I wasn’t hounded afterwards albeit all I got was a discount (and no future services or other benefits).