Car dealer convicted following CCPC investigation
March 28, 2022
A Meath based car dealer, Anthony Behan of Ratoath, Co. Meath, has been convicted of misleading a consumer in relation to the crash history of a car at Dublin District Court. Mr. Behan entered a plea of guilty to this charge. This outcome was the result of an extensive investigation by the Competition and Consumer Protection Commission (CCPC).
Under consumer protection law, it is an offence for traders to give false, misleading or deceptive information about the history of a car. Unless otherwise stated, a motor trader should complete due diligence, including car history checks, before making a car available for sale to a consumer. Consumers should be told if the car was previously involved in a car crash, was recorded as an insurance ‘write off’, or displays the wrong mileage.
Commenting, Úna Butler, Member of the Competition and Consumer Protection Commission said,
“Misleading a consumer is a very serious offence and traders who fail to provide complete and accurate information are liable to a criminal prosecution by the CCPC. When buying a car, consumers should be able to rely on accurate information from car dealers on a car’s roadworthiness and crash history. The CCPC is and will continue to be very active in this sector. We encourage any consumer who believes that they have been misled by a motor trader, or indeed any trader, to contact us.”
While consumer protection legislation places legal requirements on traders, consumers should also take a proactive approach when buying a car and use the CCPC’s online information and checklist to ensure they are getting what they pay for. Consumers who believe they have been misled by a trader can make a report to the CCPC helpline on 01-402 5555 or use the online contact form on CCPC.ie.
Case information
The case concerned the sale of a 2008 Mini One by Anthony Behan to a consumer on 25 September 2016. The car was advertised for sale on DoneDeal.ie on 5 September 2016. During the course of the sale the consumer specifically asked Mr. Behan whether the vehicle had ever been involved in a crash. The consumer was told that the vehicle had not been involved in a crash. Based on this answer the consumer purchased the vehicle.
The following year, the car developed faults and it emerged that the vehicle had been involved in a crash previously. The consumer was advised to take the car off the road. The consumer attempted to contact Mr. Behan about the crashed car and received no satisfaction.
Mr. John Berry BL, prosecuting on behalf of the CCPC, read the victim impact statement on behalf of the consumer which outlined that when the consumer attempted to contact Mr. Behan about the vehicle he refused to engage with the consumer and responded to the consumer by asking “did you get a receipt?” The consumer also stated, ”The purchase from Mr Behan left me with a financial loss for the Mini Cooper which is off the road since 2017 with a further burden of having to obtain a loan for work transport.”
The CCPC alleged that Anthony Behan had engaged in a misleading commercial practice by asserting that the car had not been previously crashed when he sold it to the consumer. This is in contravention of section 43(1) of the Consumer Protection Act 2007.
Judge Halpin stated that Mr Behan “should have had the car examined by a mechanic and could have done a little bit more” to assist the consumers before convicting Mr. Behan and handing down a €500 fine, which is to be paid within the next twelve months.
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