Last updated: 13 September 2026

Our role as Marketplace operator

You acknowledge that we own and operate Sell My Car Essex Marketplace, an online used-vehicle marketplace through which approved Dealers can offer to purchase Vehicles listed for sale by Sellers. In operating the Marketplace, we do not offer those Vehicles for sale ourselves, act as their Seller or purchaser, or acquire ownership, title, possession or risk of loss or damage in them. Any Vehicle Purchase Contract is made solely between the Seller and the purchasing Dealer.

This describes our role in Marketplace transactions. Any separate direct purchase by Sell My Car Essex is governed by its own purchase agreement.

Important commercial terms

These terms form a business-to-business agreement between Sell My Car Essex Marketplace and each approved Dealer.

Before using the Marketplace, you should understand that:

• you must complete your own checks before submitting an offer;
• every offer must be genuine and financially capable of being honoured;
• setting a Maximum Bid authorises the Marketplace to place binding Automatic Bids on your behalf, including one additional Bid Increment where you select the Tie-Break Option;
• an offer accepted by a Seller is a firm commitment to purchase, subject only to the Vehicle materially matching its Listing Information;
• an accepted price may only be adjusted for a genuine, material and previously undisclosed discrepancy;
• you must pay the Seller directly at collection and allow the Seller to confirm cleared funds before taking the Vehicle;
• you are responsible for correctly settling disclosed outstanding finance;
• you are responsible for employees, appraisers, drivers, contractors and agents acting for you;
• Marketplace commission is payable on every completed purchase and any transaction completed in circumvention of the Marketplace; and
• we may restrict, suspend or terminate access for a breach of these terms or the Dealer Code of Conduct.

1. About us

Sell My Car Essex Marketplace is operated by Local Car Buyer, trading as Sell My Car Essex and Sell My Car Essex Marketplace.

In these terms, “we”, “us” and “our” refer to that organisation.

Email: marketplace@sellmycaressex.co.uk
Telephone: 01245 922 095

2. Definitions

In these terms:

• Buy It Now Price means the optional price selected by a Seller at which the Seller may consider accepting an offer before the Offer Period ends.
• Accepted Offer means a Dealer Offer accepted by a Seller through the Marketplace.
• Automatic Bid means a Dealer Offer placed automatically through the Marketplace under a Maximum Bid instruction.
• Authorised User means an employee or representative authorised by a Dealer to use its account.
• Bid Increment means the minimum amount by which a Dealer Offer must exceed the current highest Dealer Offer, as displayed in the bid box and described in section 10.
• Code means the Sell My Car Essex Marketplace Dealer Code of Conduct.
• Commission Fee means the amount payable under these terms and the Fee Schedule for a Vehicle purchased through or following an introduction by the Marketplace.
• Dealer means the approved motor-trade business entering into these terms.
• Dealer Offer means a conditional offer submitted by a Dealer to purchase a Vehicle.
• Fee Schedule means the current Dealer Fee Schedule available to approved Dealers at https://marketplace.sellmycaressex.co.uk/dealer-platform-fees/ and displayed or otherwise made available before a Dealer submits an offer.
• Final Purchase Price means the total price paid or payable for the Vehicle, including any part paid directly to settle outstanding finance but excluding VAT where applicable.
• Listing means a Vehicle profile made available through the Marketplace.
• Listing Information means information, photographs and documents supplied by or on behalf of the Seller concerning the Vehicle.
• Marketplace means the Sell My Car Essex Marketplace website, Dealer Portal, dashboards, messaging and related services.
• Maximum Bid means the private maximum amount a Dealer authorises the Marketplace to bid on its behalf during the current Offer Period.
• Offer Period means the period displayed on a Listing during which Dealers may submit offers.
• Seller means the individual or organisation offering the Vehicle for sale.
• Tie-Break Option means the optional instruction authorising one additional Bid Increment above a Maximum Bid solely to resolve an exact tie in accordance with section 10.
• Vehicle means a vehicle offered through a Listing.
• Vehicle Purchase Contract means the contract between a Dealer and Seller for the sale and purchase of a Vehicle.
• Working Day means a day other than Saturday, Sunday or a public holiday in England.

3. Contract documents

These terms incorporate the:

• Dealer Code of Conduct;
• Fee Schedule;
• Privacy Policy;
• Cookie Policy; and
• any transaction rules displayed in the Dealer Portal before an offer is submitted.

Together, these documents form the agreement between the Dealer and us.

If there is an inconsistency, the following order applies: the Fee Schedule for fee-specific matters, these Dealer Terms, the Dealer Code of Conduct and then other policies.

The Dealer’s own standard terms do not apply to the agreement between the Dealer and us unless we expressly accept them in writing.

4. Dealer eligibility

The Dealer must:

• be a genuine UK motor-trade business;
• have authority and capacity to enter into these terms;
• provide accurate business and ownership information;
• satisfy our verification and suitability requirements;
• maintain appropriate motor-trade, road-risk, public-liability and other necessary insurance;
• hold all licences, registrations and permissions required for its activities;
• comply with applicable tax, consumer, data-protection, anti-bribery, sanctions, proceeds-of-crime and other laws; and
• remain suitable for membership of our approved dealer network.

We may request company records, VAT information, proof of identity, proof of trading, insurance documents, online business information, references and other reasonable evidence.

As part of verification, we may call or text the telephone numbers supplied by the Dealer and check the business details and website it provides. The Dealer authorises these checks when it submits its business details.

Identity verification is carried out through Stripe Identity (government-issued ID and a selfie). Completing it is a condition of bidding. Stripe’s terms and privacy policy apply to that check.

Approval is discretionary. We may refuse an application without disclosing confidential verification or fraud-prevention information.

The Dealer must notify us promptly if information provided during verification changes or if it no longer meets an eligibility requirement.

5. Our role

We operate a marketplace through which approved Dealers can view Listings and offer to purchase Vehicles from Sellers.

We do not:

• own or offer Marketplace Vehicles for sale;
• take title to or possession of a Vehicle;
• act as the Seller or purchaser;
• guarantee the accuracy of Listing Information;
• conduct a physical pre-sale inspection;
• guarantee that a Seller will accept an offer or complete a transaction;
• receive or hold the Vehicle purchase price; or
• act as either party’s agent unless expressly agreed in writing.

The Vehicle Purchase Contract is between the Dealer and Seller. Neither party may represent that we are a party to that contract.

Vehicle returns and purchase-price refunds

Any claim concerning the return of a Vehicle, cancellation or reversal of a completed Vehicle Purchase Contract, or repayment of the Vehicle purchase price must be addressed between the Dealer and Seller under their contract and applicable law. We do not receive the Vehicle purchase price and are not responsible for accepting a returned Vehicle, arranging its return or refunding that purchase price merely because we provided the Marketplace introduction.

We may review a complaint or assist with communications, but doing so does not make us a party to the Vehicle Purchase Contract or mean that we assume either party’s obligations. This clause does not exclude responsibility for our own breach, negligence or misrepresentation, or any liability that cannot lawfully be excluded. Any question about repayment of our Commission Fee is separate from a refund of the Vehicle purchase price.

6. Dealer accounts

The Dealer is responsible for:

• keeping login credentials secure;
• approving and supervising Authorised Users;
• ensuring account information remains accurate;
• all offers, messages and actions submitted through its account; and
• notifying us immediately of suspected unauthorised access.

An account may not be sold, transferred, shared with another dealership or used to purchase secretly for an unapproved third party.

Each Authorised User must follow these terms and the Code. The Dealer is responsible for their acts and omissions.

Where the feature is made available, the Dealer may add an employee or agent with a limited account role that permits that person only to inspect a won Vehicle and propose a revised price. The Dealer must ensure that person is properly authorised, trained and supervised and remains responsible for everything they do or fail to do through that role.

Bidding limits and unresolved purchases

We may set a limit on the number of successful or Accepted Offers that a Dealer may have open at the same time. The Dealer’s current limit will be displayed in the Dealer Portal or otherwise communicated to it.

The standard limits are set out in the Fee Schedule and are currently:

Bidding will normally be paused as soon as the Dealer reaches either limit.

A Vehicle will normally continue to count towards that limit until the Dealer has accurately recorded the transaction as:

• Sold at accepted price;
• Sold at revised price; or
• No Deal.

We may keep a transaction open while we review an outcome or await reasonable supporting information. Falsely recording No Deal or another outcome to regain bidding access is a serious breach of these terms.

Once the Dealer reaches its open-purchase limit, it may be prevented from submitting further offers until one or more outstanding transactions have been completed and correctly updated.

We may set or change a Dealer’s limit using reasonable factors including payment history, completed purchases, unresolved transactions, cancellations, account age, verification status and conduct. A change to the limit will not cancel an offer already accepted by a Seller.

Invoice and credit limits

We may also restrict further offers where:

• the Dealer reaches the number or value of unpaid invoices permitted for its account;
• any invoice is overdue;
• a payment has failed or been reversed; or
• we reasonably believe there is an increased payment or credit risk.

The applicable invoice or credit limit will be displayed in the Dealer Portal or otherwise communicated to the Dealer. Bidding access may remain restricted until sufficient cleared payment has been received and allocated to the account.

An invoice counts as unpaid from the time it is issued until cleared payment has been received and allocated, even if its payment due date has not yet passed. An overdue invoice or failed or reversed payment may result in bidding being paused even below the standard numerical limit.

A bidding restriction does not remove the Dealer’s responsibility to complete existing Accepted Offers, update transaction outcomes or pay outstanding invoices.

7. Permitted use

The Marketplace may only be used in good faith to assess and purchase Vehicles for the approved Dealer.

The Dealer must not:

• scrape, crawl, harvest, extract or compile Marketplace data;
• copy or republish Listings or Seller information;
• attempt unauthorised access;
• interfere with the Marketplace or another user;
• upload malicious code;
• reverse engineer or reproduce the Marketplace;
• use data to value unrelated vehicles for a third party;
• manipulate bidding or collude with another Dealer;
• impersonate another person or business; or
• use the Marketplace for an unlawful or fraudulent purpose.

8. Listing Information and Dealer checks

Vehicle information before bidding

1. We provide the Vehicle information, photographs and other Listing Information supplied to us by the Seller. We do not guarantee that this information is accurate, complete or up to date. You are responsible for reviewing it and carrying out your own checks before submitting a Dealer Offer, including a bid placed under your Maximum Bid instruction. This does not exclude responsibility for any inaccuracy we cause or any liability that cannot lawfully be excluded.
2. You acknowledge that Vehicles are offered in their existing condition on an “as is” basis. We operate the Marketplace only and do not carry out a physical pre-sale inspection or certify a Vehicle’s condition. This does not override the requirement for the Vehicle to materially match its Listing Information, the inspection and discrepancy provisions in these terms, or any rights or liabilities that cannot lawfully be excluded.
3. If you reasonably require further information about a Vehicle, you must request it from us through the Marketplace before submitting a Dealer Offer. We will pass on any further information made available to us by the Seller. You must not bid until you have sufficient information to make an informed offer.
4. You acknowledge and agree that you alone are responsible for carrying out all checks and due diligence reasonably expected of a competent motor dealer before submitting a Dealer Offer. You must not rely solely on Listing Information or on any check, valuation or other information supplied or displayed by the Marketplace or a third-party provider.

Checks you must complete

Sellers must disclose known faults, damage and other material Vehicle information through the listing fields and comments section. We may remove telephone numbers, email addresses or other personal contact information from listings while preserving material Vehicle information. This moderation does not verify or approve the Listing Information, relieve the Seller of responsibility for the information they supply, or replace your own checks.

You must obtain your own vehicle-history report from HPI or an equivalent vehicle-history checking service before submitting a Dealer Offer. You are responsible for reviewing the results, investigating any discrepancies and completing any further checks reasonably required. A history report does not replace your responsibility to inspect the Vehicle and verify its identity and condition before completing the purchase.

These checks include:

• registration and specification checks;
• MOT and mileage checks;
• vehicle-history and provenance checks using HPI or an equivalent service;
• outstanding-finance checks;
• stolen, cloned and insurance write-off/category checks, including whether the Vehicle has ever been recorded as Category A, B, S or N, or under an earlier write-off category;
• review of photographs and disclosed condition;
• likely preparation, transport and resale costs; and
• any legal, commercial or technical due diligence.

The Dealer must not use information that was already available before offering as a later justification for reducing its price.

The Dealer is responsible for checking the Vehicle’s recorded insurance-write-off status before submitting an offer. If a category or previous total-loss record was available through a reasonable vehicle-history check before the offer was made, the Dealer must take it into account when setting its offer and must not later rely on that record alone to cancel the purchase or reduce the accepted price.

9. Submitting Dealer Offers

Every Dealer Offer must:

• be submitted through the Marketplace;
• state the total amount the Dealer genuinely intends to pay for the Vehicle;
• be made after appropriate checks;
• be financially capable of being honoured;
• remain open for the validity period displayed; and
• include applicable VAT where the Vehicle transaction requires it, unless clearly stated otherwise.

Each manual Dealer Offer must increase the current highest valid Dealer Offer by at least the Bid Increment shown in the bid box. The same Bid Increments listed in section 10.1 apply to manual and Automatic Bids.

Dealer Offers must not be speculative, misleading, artificially inflated or submitted to manipulate other users.

An offer may not be withdrawn or reduced during its stated validity period without our approval and a genuine reason.

If equal leading offers are submitted, the Marketplace may rank the offer received first as the leading offer.

Bidding conduct

Dealers must bid independently. A Dealer must not agree, coordinate or communicate with another Dealer to:

• refrain from bidding;
• bid, stop bidding or set a price in a particular way;
• divide Listings, Sellers, territories or opportunities;
• rotate successful bidders; or
• share, transfer or divide a Vehicle after purchase as part of an auction ring or similar arrangement.

The Marketplace never submits a Dealer Offer itself and never bids on behalf of a Seller. Automatic Bids are placed only under a Dealer’s own Maximum Bid instruction.

A breach of this bidding-conduct clause entitles us to remove or void affected bids where reasonably necessary and to restrict, suspend or close the Dealer’s account, without affecting any other right or remedy.

10. Automatic bidding (Maximum Bids)

A Dealer may set a private Maximum Bid while bidding on a Listing is open. By setting a Maximum Bid, the Dealer instructs and authorises us to place Automatic Bids through its account up to that amount. Every Automatic Bid is treated as the Dealer’s own Dealer Offer and binds the Dealer in exactly the same way as an offer entered manually.

10.1 Amount of an Automatic Bid

The Marketplace will normally place only the minimum Automatic Bid required to keep the Dealer in the leading position: one Bid Increment above the current highest valid Dealer Offer. If a complete Bid Increment would exceed the Dealer’s Maximum Bid, the final Automatic Bid will be the exact Maximum Bid.

The applicable Bid Increment will be shown in the bid box. Unless a different Bid Increment is displayed there, the current increments are:

• current highest offer below £500: £10;
• current highest offer from £500 to £2,000: £25;
• current highest offer from £2,001 to £5,000: £50;
• current highest offer from £5,001 to £20,000: £75; and
• current highest offer above £20,000: £150.

10.2 Confidentiality

A Maximum Bid is confidential. It will not be shown to Sellers, other Dealers or publicly through the Marketplace. Our authorised personnel may access Maximum Bid information only where reasonably necessary to operate the Marketplace or resolve a dispute.

Your dashboard and notifications may show your own Maximum Bid, the current highest offer and whether another Dealer’s Automatic Bid has outbid you. Where your selected Tie-Break Option is used, your dashboard may explain how your own Maximum Bid and additional increment produced your leading offer. These messages do not disclose another Dealer’s Maximum Bid or the timestamps or priority of their Maximum Bid instruction. Actual Dealer Offers placed automatically may be displayed in the same way as other offers.

10.3 Equal Maximum Bids and the Tie-Break Option

Where two or more Dealers set the same Maximum Bid, the Dealer whose Maximum Bid was recorded first will remain ahead at that amount.

A Dealer may select the Tie-Break Option when setting its Maximum Bid. This authorises the Marketplace, only where there is an exact tie, to place one further Bid Increment above that Dealer’s Maximum Bid. If each tied Dealer selected the Tie-Break Option, each Maximum Bid will be treated as one Bid Increment higher for the purpose of resolving the tie, and the Maximum Bid recorded first will remain ahead.

The Tie-Break Option will never authorise the Marketplace to bid more than one Bid Increment above a Dealer’s stated Maximum Bid.

10.4 Time and order of instructions

Our server record determines the order in which Maximum Bids were set. We record the time to the microsecond in Coordinated Universal Time (UTC), together with the Dealer account, Maximum Bid amount, Tie-Break Option setting and the IP address associated with the instruction. Subject to correction of a manifest technical or recording error, that record is final for determining priority between Maximum Bids.

10.5 Changing or switching off a Maximum Bid

A Dealer may raise its Maximum Bid at any time while bidding remains open. It may lower its Maximum Bid only to an amount that is not less than the current highest Dealer Offer.

A Dealer may switch off automatic bidding at any time while bidding remains open. A change or switch-off applies only to future Automatic Bids. It never cancels, withdraws or reduces a Dealer Offer already placed, including an Automatic Bid that is currently leading.

10.6 Current auction round only

A Maximum Bid applies only to the current auction or Offer Period for that Listing. It expires and is cancelled if the Vehicle is relisted or enters a later auction round. The Dealer must set a new Maximum Bid if it wishes to use automatic bidding in the later round.

10.7 Buy It Now Price

While a Buy It Now Price is shown on a Listing, a Dealer may not place a Dealer Offer or set a Maximum Bid at or above that price. The Marketplace will instead offer the Dealer the choice of using Buy It Now or offering one bid increment below the Buy It Now Price.

A Buy It Now offer is an offer to the Seller at that price: it pauses bidding on the Listing and requires the Seller’s acceptance; it does not complete the sale by itself.

If the Seller has not responded within 24 hours, bidding resumes and the auction round is extended by the length of the pause. If the Seller declines a Buy It Now offer, the Buy It Now Price is removed from the Listing and bidding continues without a ceiling; the Seller may set a new Buy It Now Price.

10.8 When Automatic Bids will not be placed

The Marketplace will not place an Automatic Bid while bidding on the Listing is paused, including while a Buy It Now decision is pending, or while the Dealer’s account is not permitted to bid. Account restrictions may include an overdue or unpaid invoice, an open or unresolved purchase limit, a credit limit, suspension or another restriction imposed under these terms.

Automatic bidding depends on the availability and correct operation of the Marketplace. Subject to liability that cannot lawfully be excluded, we are not liable for an Automatic Bid that is delayed or not placed because bidding was paused, the Dealer was not permitted to bid, or a technical, communications or system fault occurred.

10.9 Notifications and account monitoring

Any email, message or other notification about a Maximum Bid being exceeded, the end of an Offer Period or related bidding activity is provided as a courtesy. Delivery is not guaranteed. The Dealer remains responsible for checking its dashboard, Maximum Bids, Dealer Offers, account restrictions and auction results.

11. Auction rounds and Buy It Now

Listings enter scheduled auction rounds and display the closing time for the current round. We may pause, cancel or extend a round where reasonably necessary because of a technical issue, suspected fraud, inaccurate Listing Information or another material problem.

If a round ends without a valid offer, the Listing will normally move automatically into the next scheduled round. After three consecutive rounds without an offer, the Listing will normally take a ten-day break before entering another round. The Seller may remove the Listing at any time through the dashboard.

If a round ends with one or more valid offers, the Seller has 24 hours to accept or decline the highest offer. If the Seller has not responded within that period, the highest Dealer may withdraw its unanswered offer through the My Dealer Bids page. Until the Dealer withdraws it, the offer remains open and the Seller may still accept it. Once withdrawn, it can no longer be accepted unless the Dealer submits or renews an offer through the Marketplace.

Buy It Now offers and the restrictions on bidding while a Buy It Now Price is displayed are governed by clause 10.7. If the Seller accepts a Buy It Now offer, an Accepted Offer is created and clause 12 applies.

12. Accepted Offers

When a Seller accepts a Dealer Offer through the Marketplace:

• the Dealer must proceed promptly and in good faith;
• the offer becomes a firm commitment by the Dealer to purchase at the accepted price, subject only to the permitted inspection conditions;
• the Dealer must propose up to three reasonable collection dates through the Marketplace promptly, and in any event within two days of acceptance. We may remind the Dealer and may intervene where dates have not been offered;
• the Seller may select one of those dates or indicate that they are not yet sure;
• only after a collection day is agreed will the private message thread open and the Dealer’s trading name and chosen display telephone number be shown to the Seller. The Marketplace does not disclose the Seller’s name, telephone number or email address to the Dealer; the Seller decides what contact and collection details to share with the Dealer through the message thread; and
• the parties must then use the Marketplace and permitted contact details to arrange inspection, payment and collection.

The Dealer must not withdraw or reduce an Accepted Offer because:

• it incorrectly valued the Vehicle;
• market conditions changed;
• it later identified costs reasonably foreseeable before offering;
• it no longer has a retail customer for the Vehicle;
• it wishes to improve its margin; or
• it failed to complete checks using information already available.

13. Vehicle Purchase Contract and written record

The Dealer and Seller intend an Accepted Offer to create a conditional Vehicle Purchase Contract between them, subject to the Vehicle materially matching its Listing Information, satisfactory lawful ownership and finance checks, and any rights that cannot legally be excluded.

The Dealer must not introduce later purchase terms that conflict with the accepted price, these terms or information presented before acceptance, or that permit cancellation without genuine cause.

At or before completion, the Dealer must give the Seller a clear Vehicle purchase invoice or receipt, in printed form or another format the Seller can save, identifying:

• the legal name and contact details of the Dealer;
• the Seller;
• the Vehicle and registration;
• the VIN where recorded and the mileage at handover;
• the transaction date;
• the final agreed purchase price;
• any outstanding-finance settlement amount and the recipient of that payment;
• the balance paid to the Seller;
• the payment method;
• the keys and documents transferred; and
• confirmation that the Dealer or its representative has taken possession.

The invoice or receipt must state that the Vehicle transaction is between the Dealer and Seller and that Sell My Car Essex Marketplace is not the purchaser. It must not contain later terms that conflict with the Accepted Offer or give the Dealer an unrestricted right to cancel after completion.

The Dealer must provide the correct business details required for the Seller to notify DVLA of the sale or transfer to the motor trade and must not prevent or discourage the Seller from completing that notification promptly.

We may request a copy for complaint, commission, fraud-prevention or audit purposes.

14. Contact and collection

The Dealer must:

• propose up to three reasonable collection dates through the Marketplace promptly, and in any event within two days of acceptance. We may remind the Dealer and may intervene where dates have not been offered;
• wait for the Seller to respond before attempting direct contact;
• contact the Seller promptly after the message thread and contact details are released;
• communicate professionally through approved channels;
• agree a reasonable inspection and collection time;
• give reasonable notice of delays or changes;
• not arrive unexpectedly or at an unreasonable hour;
• provide collection updates where appropriate;
• ensure anyone attending can identify themselves and their connection to the Dealer; and
• complete collection within the timeframe agreed with the Seller or displayed in the Marketplace.

The Dealer is responsible for employees, appraisers, collection drivers, transport providers, contractors and agents acting on its behalf.

The Marketplace message thread must be used only to agree collection timing and address. The Dealer must not request or send bank-account details, payment-card information, finance login details or other unnecessary personal information through it.

Anyone driving or transporting a Vehicle must be properly licensed, authorised and insured. The Dealer is responsible for the Vehicle once possession has lawfully transferred to it or its representative.

15. Inspection

The Dealer is responsible for conducting an appropriate collection inspection before paying for and taking the Vehicle.

Before making payment or taking possession, the Dealer must verify the Seller’s identity using suitable identification and satisfy itself that the Seller owns the Vehicle or has valid authority from its owner to sell it. The Dealer must examine the V5C and check the registration and VIN against the Vehicle and its vehicle-history report. The V5C identifies the registered keeper and is not proof of ownership. Where the Seller acts for another person, business or estate, the Dealer must obtain appropriate evidence of their authority to sell.

The Dealer must investigate material discrepancies in the Seller’s identity, ownership, authority or supporting documents and must not proceed until they are satisfactorily resolved. These checks remain the Dealer’s responsibility when it uses an employee, collection driver or other agent. The Dealer must report suspected fraud to the Marketplace promptly.

The inspection is to confirm that the Vehicle materially matches the Listing Information. It must not be used as an opportunity to reopen the agreed price without genuine cause.

Normal age-related wear, minor differences or matters already disclosed or reasonably visible before offering do not justify a price adjustment unless they have a material and demonstrable effect on value.

16. Price adjustments

A revised price may only be proposed where the inspection identifies a significant, previously undisclosed fault, damage or material discrepancy that:

• was not stated in the Listing Information;
• was not reasonably identifiable from the information available before offering;
• could not reasonably have been identified through the Dealer’s pre-offer checks; and
• genuinely affects the Vehicle’s value.

The Dealer must:

• explain the discrepancy clearly;
• provide reasonable evidence;
• calculate the adjustment fairly and proportionately;
• allow the Seller time to consider it;
• avoid pressure or intimidation; and
• record the proposed reason and revised amount through the Marketplace.

The Seller may reject a revised price. If agreement is not reached, the transaction must be recorded as No Deal.

The Dealer must not invent or exaggerate faults or use a price adjustment to improve its buying margin.

A revised price must be proposed through the Marketplace with a clear reason and photographic evidence. The original Accepted Offer remains unchanged unless and until the Seller accepts the revised price through the dashboard.

If the Seller has not responded after one day, the Marketplace will send a reminder. If the Seller has not responded after two days, we may review the evidence against the original Listing Information and record the transaction as:

• Sold at revised price, where the evidence supports the adjustment and the transaction completed on that basis;
• Sold at accepted price, including where the Dealer has already taken the Vehicle without an agreed revision; or
• No Deal, where the purchase did not complete.

If the Dealer records the Vehicle as Bought while a revised-price proposal remains pending, that proposal is withdrawn automatically. Where the Dealer records a lower amount paid, clause 16.1 applies.

16.1 Recording a lower price after payment

Where the Dealer has already paid the Seller an amount lower than the Accepted Offer, the Dealer must record that amount when marking the Vehicle as Bought, state the reason and, where available, provide photographic evidence (the evidence from a revised-price proposal may be reused). The reduction must meet the conditions in this clause 16. The commission invoice is issued on the recorded amount. The Seller has 48 hours to confirm or dispute the recorded amount; if the Seller does not respond, the amount is recorded as final. If the Seller disputes it, the invoice is held and we review the evidence against the Listing Information before recording the outcome.

17. Permitted cancellations

The Dealer may cancel an Accepted Offer only where:

• the Seller refuses or is unable to sell;
• a material undisclosed discrepancy cannot be resolved;
• previously undisclosed finance cannot be resolved;
• the Seller does not own or have authority to sell the Vehicle;
• there is reasonable evidence of fraud, clocking, cloning, theft or another unlawful issue;
• completion would create a serious legal or safety risk; or
• we approve another genuine reason consistent with the Code.

The Dealer must notify us promptly, submit the reason through the Marketplace and provide evidence if requested.

An internal change of mind, lack of funds, staff shortage, transport problem or mistaken valuation is not normally a permitted cancellation.

Next-highest bidder after a failed sale

Where a Seller has accepted an offer and that sale subsequently does not complete, the Seller may ask us to invite the next-highest Dealer from the relevant auction round to proceed at the amount of that Dealer’s own previous offer, including any Tie-Break increment the Dealer had authorised. This may include where the successful Dealer records No Deal, the Seller declines a proposed revised price, or the Seller confirms that the Vehicle was not collected.

The next-highest Dealer is under no obligation to proceed. The invitation will remain available for 24 hours from the time it is issued and will lapse automatically if the Dealer does not accept it within that period. If the Dealer accepts through the Marketplace, its previous offer becomes an Accepted Offer and the normal inspection, payment, collection and Commission Fee provisions apply.

This process is not available merely because the Seller declines the highest offer at the end of an auction round. In that situation, the Vehicle may instead be relisted in accordance with the Marketplace process.

18. Payment to the Seller

The Dealer must pay the Seller directly when the sale is completed and during the agreed collection process.

The Dealer pays the Seller directly. The Marketplace is not a party to the payment and does not receive, hold or transfer the purchase price. We are not responsible for making or recovering that payment on either party’s behalf. We recommend bank transfer. If the Dealer and Seller choose cash, that is a matter between them at their own risk; the Marketplace has no involvement in cash payments, and the Dealer remains solely responsible for compliance with applicable Money Laundering Regulations, including any required High Value Dealer registration. This does not exclude responsibility for our own breach, negligence or misrepresentation, or any liability that cannot lawfully be excluded.

The Dealer must allow the Seller to confirm personally that cleared funds have reached the relevant account before taking:

• the Vehicle;
• the keys;
• the V5C or ownership documents;
• service records; or
• other Vehicle paperwork.

A transfer receipt or payment screenshot supplied by the Dealer is not conclusive evidence that funds have cleared.

19. Outstanding finance

Where outstanding finance is disclosed, the Dealer must:

• obtain or verify a current settlement figure;
• pay the amount required to settle the outstanding finance in full and directly to the finance provider, within any applicable settlement deadline;
• obtain and retain evidence of settlement;
• provide evidence to the Seller or us on reasonable request;
• deduct only the properly settled amount from the sum otherwise due to the Seller; and
• pay the remaining balance to the Seller as agreed.

The Dealer must not take the Vehicle without correctly addressing outstanding finance.

Undisclosed finance must be reported promptly and handled through the cancellation or revised transaction process. Nothing in this clause requires a Dealer to proceed where lawful title cannot be obtained.

The Dealer is responsible for the consequences of failing to comply with this section. Subject to section 32, the Dealer must reimburse us for reasonable direct losses, payments, liabilities, penalties, interest and enforcement or professional costs that we incur because the Dealer failed to pay or correctly settle outstanding finance. This includes any amount that we are legally required to pay to the Seller or finance provider as a direct result of that failure.

20. Commission Fees

The Dealer must pay the Commission Fee shown in the Fee Schedule made available before it submits the relevant offer. The Fee Schedule is available to approved Dealers at https://marketplace.sellmycaressex.co.uk/dealer-platform-fees/.

Access to the Fee Schedule may require an approved Dealer account. Before submitting an offer, the Dealer must review the fee applicable to the relevant price band or transaction.

The applicable commission band is determined by the Final Purchase Price under the Fee Schedule made available before the relevant offer. If a revised price is permitted under these terms, agreed with the Seller and accurately recorded, and that Final Purchase Price falls within a lower band, the Commission Fee for that lower band applies. A lower price within the same band does not reduce the Commission Fee. The availability of a lower commission band is not itself a permitted reason to reduce the Vehicle purchase price.

Unless the Fee Schedule states otherwise:

• commission is calculated using the Final Purchase Price;
• commission is exclusive of VAT, which will be added where applicable;
• the fee becomes due when the Vehicle is purchased or possession transfers to the Dealer or its representative, whichever occurs first;
• the Dealer must pay an invoice within seven days; and
• no commission is due on a genuine No Deal where the Vehicle is not subsequently purchased by the Dealer or a connected party.

Commission pays for our Marketplace and introduction service. Once a Vehicle purchase has completed, a subsequent return, cancellation or refund agreed between the Seller and Dealer does not, by itself, entitle the Dealer to a refund of our Commission Fee. This does not affect any entitlement arising from an incorrect charge, our breach of contract or applicable law.

We may award one or more commission-free purchases to a Dealer. A commission-free purchase remains subject to these terms and must be recorded accurately. We will issue a £0 invoice for the transaction record.

A revised purchase price must be reported accurately. If a price adjustment is not reported, we may calculate the fee using the Accepted Offer.

Late amounts may carry statutory interest and recovery compensation under the Late Payment of Commercial Debts (Interest) Act 1998, where applicable.

Where the Dealer reaches an applicable unpaid-invoice or credit limit, or has an overdue invoice, we may prevent it from submitting further offers until sufficient cleared payment has been received. This does not affect existing payment obligations or Accepted Offers.

21. Reporting, records and audit

The Dealer must accurately record each transaction as:

• Sold at accepted price;
• Sold at revised price; or
• No Deal.

The Dealer must keep appropriate records of Marketplace purchases, payments, finance settlements, adjustments and cancellations for at least six years where required for accounting, legal or dispute purposes.

On reasonable notice, we may request documents needed to verify a transaction outcome or Commission Fee. This may include a purchase record, payment evidence, finance settlement evidence, inspection photographs or accounting record extract.

The Dealer must cooperate reasonably. Any review will be limited to records relevant to Marketplace transactions and handled confidentially.

We record each manual and Automatic Bid and each Maximum Bid instruction, including the amount, time, Dealer account and IP address. For a Maximum Bid, we also record the Tie-Break Option setting and the time to the microsecond in UTC. We retain these bidding records for 12 months after the relevant auction round, or longer while a dispute, investigation or legal claim remains open.

We retain photographs submitted with a revised-price proposal or a reported lower price for 180 days after the transaction is recorded as finished, or longer while a dispute, complaint, chargeback or legal claim remains open. They are stored in a protected folder and made available only to the relevant Seller, Dealer and our authorised staff.

Where reasonably necessary to investigate or resolve a dispute, we may disclose relevant actual bid or transaction records to the Seller, another Dealer or their professional adviser. We will not disclose a Dealer’s confidential Maximum Bid instruction, its priority timestamp or associated IP address to another Marketplace user or their adviser, except where disclosure is legally required. Our authorised staff may review those records internally to resolve the dispute. Revised-price evidence photographs are available only to the relevant Seller, Dealer and our authorised staff. Any disclosure will be limited to what is reasonably necessary and handled in accordance with data-protection law.

22. Circumvention and connected purchases

The Dealer must not avoid the Marketplace or Commission Fee by:

• asking the Seller to cancel and sell privately;
• recording a completed transaction as No Deal;
• reporting a false final price;
• using a connected company, employee, director, agent or third party to purchase;
• using Seller information to arrange an undisclosed purchase; or
• completing the same purchase outside the Marketplace.

Off-platform purchases

The Commission Fee (buyer fee) is payable on any Vehicle introduced to you through the Marketplace that you, or anyone connected with your business, buy within six months of the introduction. This applies whether the purchase is completed through the Marketplace or outside it, and whether or not the Marketplace deal was recorded as No Deal or a revised price was declined.

Where a Seller confirms that a sale took place, we may invoice the Commission Fee on the price the Seller reports, after giving you seven days to respond. The applicable Commission Fee is calculated under section 20 and the Fee Schedule. Repeated off-platform purchases are grounds for suspension.

Circumvention is a serious breach and may result in suspension, termination and recovery of unpaid fees.

23. Seller personal data

For personal information shared to facilitate a Vehicle purchase, the Dealer and we will normally act as independent controllers.

The Dealer must:

• process Seller information only where it has a lawful basis;
• use it only to assess or complete the relevant transaction and meet legal obligations;
• restrict access to authorised people who need it;
• keep it confidential and secure;
• not use it for unrelated marketing without lawful permission;
• not sell or disclose it unnecessarily;
• retain it only for as long as reasonably necessary;
• securely delete it when no longer required;
• comply with lawful data-subject requests;
• notify us without undue delay of a breach affecting Marketplace Seller data;
• cooperate with complaints and regulatory enquiries; and
• not transfer it internationally without a lawful safeguard.

The categories of information may include Seller contact details, collection information, Vehicle information, transaction messages and documents required for ownership, finance or sale administration.

24. Confidentiality

Each party must protect confidential commercial, technical and personal information received from the other and use it only to perform this agreement.

Disclosure is permitted only to people who need the information and are bound by appropriate confidentiality duties, or where disclosure is required by law.

This obligation does not apply to information already lawfully public or independently received without a confidentiality restriction.

25. Reviews and marketplace reputation

Sellers may report a Dealer to us. Reports, disputes, no-shows and cancellations are recorded against the Dealer’s account and considered in assessing continued suitability.

The Dealer must not:

• submit or arrange fake reviews;
• offer an undisclosed incentive for a positive review;
• pressure a Seller to change or remove an honest review;
• retaliate against a reviewer; or
• publish misleading review information.

We may verify and moderate reviews and use transaction outcomes, response times, cancellations, adjustments and complaints to assess the Dealer’s continued suitability.

26. Dealer warranties and responsibilities

The Dealer warrants that:

• it has authority to enter into and perform these terms;
• it complies with applicable law;
• its information is accurate;
• it maintains the required insurance and permissions;
• its offers are genuine;
• it will purchase only for the approved business unless otherwise authorised;
• it will not misrepresent its relationship with us; and
• it will ensure its staff and agents comply with these terms and the Code.

27. Intellectual property

We or our licensors own the Marketplace, branding, software, databases, page designs and original content.

We grant the Dealer a limited, revocable, non-exclusive, non-transferable right to use the Marketplace for its internal business purpose of assessing and purchasing Vehicles.

Seller photographs and Listing Information may only be used to assess and complete the relevant purchase. The Dealer may not reuse Seller photographs in retail advertising without the Seller’s or relevant rights holder’s permission.

28. Platform availability and third-party information

We use reasonable care in operating the Marketplace but do not guarantee uninterrupted, error-free or continuously available access.

We may carry out maintenance or suspend features for technical, security, fraud-prevention or legal reasons.

Valuation, MOT, vehicle-history and other third-party information may contain errors or delays. The Dealer must verify information independently and must not rely on the Marketplace as a substitute for its own professional checks.

29. Fraud and investigations

We may pause a Listing, offer, transaction, payment record or account where we reasonably suspect:

• fraud or attempted fraud;
• a stolen, cloned or clocked Vehicle;
• false identity or business information;
• money laundering or proceeds of crime;
• sanctions concerns;
• account compromise;
• commission avoidance; or
• another unlawful or serious safety issue.

The Dealer must cooperate with reasonable information requests. We may report suspected criminal conduct to relevant authorities.

30. Suspension and termination

Either party may terminate this agreement on 30 days’ written notice.

We may restrict or suspend access immediately while investigating a suspected breach or risk. We may terminate immediately where the Dealer:

• no longer meets the eligibility requirements;
• seriously or repeatedly breaches these terms or the Code;
• fails to pay a fee when due;
• fails to settle outstanding finance;
• misuses personal information;
• engages in intimidation, fraud or fee avoidance; or
• creates a material legal, safety or reputational risk.

On termination:

• outstanding Commission Fees remain payable;
• Accepted Offers and existing purchase obligations continue unless we direct otherwise for safety or legal reasons;
• Marketplace access may be removed;
• confidential and personal information must remain protected; and
• provisions intended to survive termination will continue.

31. Liability

Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any liability that cannot legally be excluded.

Subject to that:

• neither party is liable for indirect or consequential loss, loss of opportunity, loss of anticipated profit or loss of goodwill;
• we are not liable for a Seller’s breach of the Vehicle Purchase Contract or inaccurate Listing Information where we have not caused that inaccuracy;
• we are not liable for the Vehicle’s condition, suitability, provenance or resale value; and
• our total liability arising in any 12-month period will not exceed the greater of £1,000 and the Commission Fees paid or payable by the Dealer during that period.

Nothing limits the Dealer’s obligation to pay the Seller, settle outstanding finance, pay Commission Fees or compensate us for losses directly caused by fraud, data misuse, deliberate circumvention or breach of confidentiality.

32. Indemnity

The Dealer will reimburse us for reasonable direct losses, payments, liabilities, penalties, interest, claims and reasonable enforcement or professional costs arising from:

• its failure to pay a Seller or finance provider;
• use of an uninsured or unauthorised driver;
• unlawful use or disclosure of Seller information;
• fraud or deliberate commission avoidance;
• infringement of third-party rights by content it provides; or
• a material breach by the Dealer or someone acting on its behalf.

This does not require the Dealer to compensate us for loss caused by our own negligence, breach or unlawful conduct.

33. Force majeure

Neither party will be responsible for delay caused by an event genuinely beyond its reasonable control, provided it takes reasonable steps to reduce the effect and resumes performance promptly.

This clause does not excuse an obligation to pay money already due or protect a party that could reasonably have prevented the failure.

34. Complaints

Dealer complaints should be sent to:

Email: marketplace@sellmycaressex.co.uk
Telephone: 01245 922 095

We aim to acknowledge a complaint within five Working Days and provide a substantive response within 28 days. Complex matters may take longer, in which case we will provide an update.

35. Changes to these terms

We may update these terms, the Code or the Fee Schedule. We will provide reasonable written notice of a material change through the Dealer Portal, by email or both.

A change to the Fee Schedule will apply only to offers submitted on or after its stated effective date. It will not apply retrospectively to an offer already submitted unless required by law or expressly agreed with the Dealer.

Continued use after the effective date constitutes acceptance where lawful. We may require the Dealer to accept updated terms before submitting further offers.

36. General

These terms constitute the entire agreement between the Dealer and us concerning the Marketplace and replace earlier discussions relating to the same subject.

The Dealer may not assign or transfer its rights or obligations without our written consent. We may assign this agreement as part of a genuine business transfer, provided this does not materially reduce the Dealer’s rights.

A delay in enforcing a right is not a waiver.

If a provision is invalid or unenforceable, it will be adjusted only as far as necessary and the remaining provisions will continue.

Nothing creates a partnership, joint venture, employment or agency relationship between the Dealer and us.

No third party has a right to enforce these terms under the Contracts (Rights of Third Parties) Act 1999.

Notices may be sent through the Dealer Portal or to the latest email or postal address supplied by the Dealer.

These terms and any non-contractual dispute are governed by the law of England and Wales. The courts of England and Wales have exclusive jurisdiction.

37. Contact

Questions about these terms should be sent to:

Local Car Buyer, trading as Sell My Car Essex and Sell My Car Essex Marketplace
Suite 2 Regency House, Station Road, Harold Wood, Romford, Essex, RM3 0BP
Email: marketplace@sellmycaressex.co.uk
Telephone: 01245 922 095