Q&As

Can I cancel a telephone contract if I’ve seen the car model in the showroom but not the actual car?

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Published on LexisPSL on 26/01/2016

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • Can I cancel a telephone contract if I’ve seen the car model in the showroom but not the actual car?
  • Distance selling
  • Remedies available under the Consumer Rights Act 2015

For the purposes of this Q&A it is assumed that the contract is being cancelled at the option of the consumer as their preference and not as a result of faulty goods or other default by the car dealership business.

Distance selling

Distance contracts have certain cancellation rights which are not available to consumers who conclude their agreement face-to-face. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) allow a consumer to cancel a distance contract at any time within the cancellation period without giving a reason (CCR 2013, SI 2013/3134, reg 29). For contracts for the sale or supply goods the cancellation period ends 14 days after the day on which the goods came into the physical possession of the consumer (CCR 2013, SI 2013/3134, reg 30).

Regulation 5 of the CCR 2013 defines ‘distance contract’ as a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contrac

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