NIATA Code of conduct.

The NIATA Code of conduct is the foundation of members' high level of public credibility.
It is a public commitment that NIATA members will go about their business professionally and fairly.

NIATA MEMBERS WILL:
• act honestly and fairly in all dealings with the public and conduct business with strict professional courtesy and integrity;
• comply with the Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002., regulations and codes of practice applicable to their business or duties;
• not knowingly mislead a consumer in relation to the condition of a vehicle or be a party to improper practice in relation to the sale or purchase of a vehicle;
• pass an unencumbered title to any vehicle sold, but in the event that the encumbrance cannot be cleared, make good loss suffered by the consumer;
• provide reasonable facilities to enable prospective purchasers to examine any vehicle prior to sale; and 
• not misrepresent any product or service in any form of advertisement published or displayed and ensure that all claims and descriptions made in any such form of advertising are genuine.

Advertising: 
Advertisements published or displayed by NIATA members will not:
a.contain any references to guarantees or warranties which take away or diminish the rights of a consumer, nor should they be worded as to be understood by the consumer as doing so;
b.misrepresent any product or service offered to consumers; or 
c.contravene UK or European law.

A member will ensure that all claims and descriptions made in advertisements are genuine.

Fair trading:
In conducting businesses as a new or used motor vehicle dealer, a member will:
a. have a thorough knowledge of, and comply with, Sale of Goods Act 1979, as amended by the Sale and Supply of Goods Act 1994 and the Sale and Supply of Goods to Consumers Regulations 2002.
b. offer used vehicles for sale on their merits and without exaggeration, concealment or misrepresentation; and 
c. ensure that vehicles sold are of merchantable quality and fit for the purpose for which they are required.

A dealer will not in connection with the sale or purchase of a vehicle:
a. knowingly be a party to any improper practice concerned therewith; 
b. wilfully or falsely represent that a vehicle is available for sale when it is not; 
c. knowingly mislead a consumer in relation to the condition of a vehicle; 
d. knowingly or negligently state or misrepresent the year of first registration of a vehicle; or 
e. misrepresent the model designation of a vehicle.

Unencumbered title:
A dealer will pass an unencumbered title to any vehicle sold, but in the event that the encumbrance cannot be cleared, make good any loss suffered by the consumer.

Inspection facilities:
A dealer will provide reasonable facilities to enable prospective purchasers, or their nominees, to examine a vehicle prior to sale in order that any defects which ought to be revealed at the times of sale are made known to both parties.

Odometer readings:
If a dealer has reason to doubt the accuracy of an odometer reading of a vehicle to be offered for sale, reasonable steps will be taken to verify the accuracy of that reading and to inform the consumer of any discrepancy between the odometer reading and the actual distance travelled.

Odometer readings will not be quoted in advertisements or negotiations relating to the sale of used vehicles if the dealer knows, or has reasonable cause to know, that the reading on the odometer is not a true representation of the distance travelled by that vehicle.

Contract of sale:
When selling a vehicle, a dealer will use a contract of sale form which makes clear to both parties all terms and conditions upon which business is being done.

Warranties:
Before delivering a new vehicle, a dealer will draw to the attention of the consumer the terms of the manufacturer's warranty and provide the consumer with any relevant documents.
Any commitment made to a consumer which is not included in, or covered by, the manufacturer's warranty or any other warranty form will be clearly set out in writing and signed by the parties before delivery of the vehicle.

Financing: 
A dealer will not:
a. ask a consumer to enter into a contract to finance the purchase of a vehicle without explaining the repayments and charges required by law (making available to the financier all relevant information supplied by the consumer); or 
b. advertise a method, or indicate that a method is available, for financing the purchase of a vehicle which is not permitted by law or is misleading.

Complaints:
A member must have an internal complaints handling mechanism. 
This mechanism must be:
a. available to all consumers; and 
b. free of charge to the complainant. 

A member must handle inquiries and complaints from consumers (whether made orally or in writing) in a timely manner and advise consumers when a resolution can be expected or whether there will be delays.

A member should attempt to resolve all consumer complaints and provide remedies that are fair and reasonable in the circumstances, fulfil legal obligation and reflect good industry practice. Remedies available to the complainant should include (but not be limited to) refund, replacement, repair, substitution, technical assistance or goodwill payment.

In the event of a dispute (an unresolved complaint) arising between a member and a consumer, NIATA will, with the agreement of both parties attempt to resolve the dispute through mediation.

NIATA will not necessarily mediate in disputes between a member and a consumer where the subject matter of that dispute has been referred to any other organisation or body for conciliation and/or arbitration.

If requested, a member will provide information to the complainant on the availability of alternative industry dispute resolution mechanisms including statutory dispute resolution bodies.

 

 

NIATA is a not for profit association run by auto traders
for the benefit of auto traders and the public.