The second-hand car I bought is missing a part - what are my rights?
Q. I bought a second-hand diesel car from a garage two months ago. Over the last week, I noticed a lot of fumes when driving, particularly in built-up areas. I brought it to my mechanic and was told that the DPF has been removed. I wasn’t told anything about this when I bought the car. What are my rights?
Ronan, Clare
Finding this out just two months after buying your car is understandably concerning, particularly when you weren’t aware of the issue when you bought it.
A DPF, or diesel particulate filter, is part of a diesel car’s exhaust system. It traps harmful particles from the exhaust gases, helping to reduce the amount released into the air. Removing a DPF can affect how a car runs and may result in warning lights or reduced performance. A car without the required DPF may also fail its NCT.
As you bought the car from a garage, you have consumer rights. A second-hand car bought from a dealer must be of the quality you could reasonably expect, taking into account things like its age, price and mileage. It should also match what you were told about it, and a dealer must not give you misleading information or omit important information about any aspect of the car, that you need when deciding to buy the car.
Your first step should be to contact the garage in writing. Explain what your mechanic has found and that you weren’t told the DPF had been removed. If possible, get the mechanic’s findings in writing too and keep copies of any correspondence with the garage.
If the car isn’t of the standard, you would reasonably expect, or isn’t what you were told you were buying, you have rights. Depending on the circumstances, the garage may need to put things right, for example, by repairing the problem or in some cases, you may be entitled to a price reduction or refund.
If you can’t reach an agreement and the garage is a member of the Society of the Irish Motor Industry (SIMI), you can consider making a complaint through SIMI.
Another option may be the Small Claims Procedure, which is a relatively simple and low-cost way of dealing with certain consumer disputes without needing a solicitor. It can deal with claims of up to €2,000 and currently costs €25 to make a claim.
