Cars – your rights if things go wrong
If you buy a second hand car from a dealer, you have some protection under consumer law. However, if you buy privately, you do not have the same consumer rights because the person selling the car is not selling it as part of their business.
Your rights when you buy from a dealer
When you buy from a dealer, the car should be:
- Of merchantable quality – it should be of reasonable, acceptable quality given the age and history of the car
- Fit for the purpose intended and roadworthy
- As described – it should match the description given verbally or in an advertisement.
It is an offence for a dealer to provide misleading information about the car including its history, specification and any repair work needed. A dealer must not give you misleading information about themselves such as any authorisation they claim to have, their after sales service or any code of practice in place. It is also an offence under consumer law for a dealer to withhold information when selling a car. There are a number of things to watch out for when buying a second hand car. Our Car buyers checklist will also help you to ask the right questions.
Your rights when you buy privately
You do not have the same consumer rights if you are buying a car from a private seller. Generally, private sales do not come with a warranty so you should ask a mechanic to check the car before you buy it. You should always get the seller’s address or telephone number so that you can contact them if you have problems later on. Always know what to look out for when buying privately. Use our handy downloadable car buyers checklist to help you keep track and make sure you get all the answers you need.
If you buy a car from a private seller and discover a problem, there may be little you can do beyond taking a civil case through the courts. Because of this you should be very careful when buying from a private seller and you really need to be aware of what you’re buying. Remember, a private seller may not have all the answers, so it is important for you to have the car checked by a mechanic.
Car clocking is where a car’s mileage has been adjusted to show that it has done less miles than it actually has. Car clocking puts the safety of road users at risk as the more wear and tear on a car the higher the risk of a breakdown or accident. It is illegal to sell a clocked car. If you believe you have been sold a clocked car or that the seller misrepresented the mileage you should report this as soon as possible to the Gardaí. You can also contact us. We investigate all complaints and take action where warranted. However, we cannot investigate a suspected clocked car if you have had it for more than three years, or if the garage which sold it to you has closed.
Be careful – are you buying a car that is still under a finance agreement?
Check the registration documents of a second hand car to make sure that it is not already owned by a finance company. If this is the case, the person trying to sell you the car does not actually own it and does not have the right to sell it to you – even though they may have the log book and registration documents. If you buy a car under an existing car finance agreement, you run the risk of the car being repossessed by the owner (the finance company). There is a much higher risk of this happening if you buy from a private seller so be sure to check. There are various companies that will check a car’s history for you for a small fee.
What to do if something goes wrong
If you feel you have been misled about any aspect of the car or if something goes wrong after buying the car, you should:
- Contact the seller immediately and ask what they intend to do about the problem. If the car is under warranty, check the terms and conditions to see what it says about the seller’s obligations. Your normal consumer rights may still apply.
- If the seller is a member of the Society of Irish Motor Industry (SIMI), the contract you signed when buying the car may require you to go through the SIMI complaints process. The investigation and complaints service of SIMI deals with complaints relating to:
– buying used vehicles from SIMI member companies and
– service or repairs of vehicles by SIMI member companies except those subject to a manufacturer’s warranty claim. For more information, check out the website www.simi.ie.
- If your contract does not require you to go through the SIMI complaints process, or if you’ve gone through the process and you disagree with the outcome, you can take legal action to try to get a resolution to the problem. If your claim does not exceed €2,000, you have the option of making a claim against the seller through the Small Claims procedure.
- If you bought a car privately, you cannot go through the Small Claims procedure because you cannot take a case against another consumer. However, you can still consider legal action by consulting with a solicitor.
- The Small Claims procedure does not deal with cases relating to finance agreements, including hire purchase agreements, as you do not own the car until you make the last payment.
- You may want to get an independent mechanic to check the car out on your behalf and write a report on the fault that has occurred. If the report states that the fault should not be occurring in a car of its age and condition then you may be able to use this report to make a claim against the garage.