31Authority to dealer to sell as agent

31 Authority to dealer to sell as agent (1) A dealer shall not— (a) sell a second-hand motor vehicle or an interest in a second-hand motor vehicle for or on behalf of a person who is not a trade owner; or (b) offer or display for sale a second-hand motor vehicle for or on behalf of such a person;

unless he or she is authorised in writing in that behalf in accordance with this section by the owner of the vehicle or interest. (2) A written authority under this section shall be prepared in duplicate and shall— (a) be signed by the owner and by or on behalf of the dealer; and (b) bear the date when it is signed by the owner; and (c) contain a full statement of the terms of the authority to sell the motor vehicle or interest; and (d) sufficiently describe the vehicle; and (e) contain a full statement of the commission or other remuneration to which the dealer is or is to be entitled. (3) A dealer who is given a written authority under this section— (a) shall return 1 copy to the owner; and (b) shall keep 1 copy until the end of 3 years after any sale is effected by him or her in reliance on the written authority. (4) A written authority under this section shall cease to have effect on the end of 90 days from the day when it is signed by the owner. (5) A dealer shall not be entitled to any commission or other remuneration in relation to a sale of a second-hand motor vehicle or an interest in a second-hand motor vehicle effected by the dealer for or on behalf of another person unless— (a) the sale is effected in accordance with a written authority complying with this section; and (b) the dealer, in relation to that sale has complied with subsection (3) (a).

Sale of second-hand motor vehicles generally Part 4