Distant Selling?

[slademotors 3]

Hi 

Just after some advise on distant what constitutes distant selling. And how will you see below scenario. 

Car in question 2014 i20 93k miles advisory free MOT pretty much full service history. Car had been sitting on my forecourt for nearly three months was the cheapest on auto trader. I offer 6m warranty and free breakdown cover. 

Had someone call me up from about 100 miles away needed car for son who has just passed his test. Too far to travel so  lady said ill send my brother down he lives in Bristol easier for him to get to Swindon. 

Brother comes views the car we negotiate a price but needs to confirm with nephew and sister. He goes away calls me in an hours time saying all parties are happy to proceed. The sister makes payment for the car through bank transfer and ask If can deliver the car. I deliver the car get paperwork signed etc. 

To me this seems on paper it's a distant sell but an agreement in principle was made in person. How do other traders see it? What would you have done differently? 

[It's me 615]

I wouldn't do the deal as I insist prospective purchaser sees the car and l would then need a deposit

on paper you have done a distance sale that might be difficult to prove otherwise

I had exactly the same a few weeks back, a prospective customer was asking daily for a car I had but I was waiting for log book for, she offered full money for it unseen and told me she now lived 100 miles away, I declined any money and indeed she never completed the purchase 

I think she was trying to get a distance sale out of me by deceit

Sound familiar? 

[trade vet 702]

On the face of it,it appears to be an ‘on premises’ contract but CHR 15 is wide ranging and Small Claims Court Judges ( who are not fans of used car dealers and tend to side with claimants ) may interpret the law in different ways.Who did you invoice,was it the son,his mother or her brother.Would you be able to prove to a judge that the brother ( a close connected party ) inspected the car on your premises and made the contract after contacting his sister.Also did you establish what qualifications the brother had in order to carry out an inspection.For instance anyone trying out a car on my pitch had to give their name and address and provide their usual signature and if they were ‘ in the trade’ to state where they worked. ( I got caught out on that one once )