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Motor Auctions

Volume 129: debated on Thursday 10 March 1988

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To ask the Chancellor of the Duchy of Lancaster what action he intends to take to protect the interest of consumers attending motor auctions in circumstances which preclude many of the civil claims which purchasers would otherwise enjoy against fraudulent dealers.

No action is being contemplated. Vendors at auction who are acting in the course of business are subject to the requirements of the Sale of Goods Act 1979 and the Unfair Contract Terms Act 1977. Such vendors cannot restrict or exclude a purchaser's rights in respect of faulty goods by reference to a contract term, unless the term satisfied the requirement of reasonableness set out in the 1977 Act.

To ask the Chancellor of the Duchy of Lancaster what measures exist to ensure that motor auctioneers maintain sufficiently accurate records to enable police and trading standard officers to carry out their statutory duties relating to dangerous, misdescribed or stolen vehicles.

Although there is no specific legal requirement for motor auctioneers to maintain records about the vehicles which pass through their hands, I understand that the majority of them do so, and the Society of Motor Auctions requires this of its members.