Car Breaks Down on Day of Sale - What are my Rights???

pookie82

Hey guys,

Maybe this has been done before but I can't find it right now and I'm in a bit of a bind.

Bought a used car yesterday from a dealer, not privately. Asked all the relevant questions about its history etc and picked it up and brought it home yesterday afternoon.

Last night I sat in to drive it and on start up it made a really loud noise and was difficult to handle etc. This morning it was the same story so I called out the AA and they identified the problem and told me that in light of the fact I'd only just purchased it it should be sent straight back.

Called the dealer to have it sent straight back and he's being a bit (well a lot) iffy on it. He grudgingly said that he'd take it back and fix it up for "not too large a cost". Now because the car was quite inexpensive there was no warranty with it. So fair enough that it doesn't get fixed for free.

However, the AA man told me that as the problem presented itself on the day of sale and looked as if it potentially existed well before sale, the dealer had issued a car which was unroadworthy, and that he should be obliged to fix it within days without quibble or I could get my solicitores involved. I'm fairly sure that because the guy is a dealer as opposed to a private seller, he's liable to be charged under both the road safety legislation and the comsumer act for supplying a car that was unroadworthy and unfit for use. I understand that with no warranty in place that if I came back within a month it would be my own tough luck and I'd have to pay up, but the fact that it happened on same day of sale might change my case?

The AA have said they'll speak for the fact that the car should not have been released in such a condition. So am I entitled to ask for a full refund if the car dealer refuses to fix it for free? Or threaten legal action?

I'd really appreciate some quick advice on this as the car is on its way back shortly and I assume from his tone he's going to be difficult about fixing the problem. From what I've read on the net the quickness of the problem (the evening it was bought) and the AA guy's advice, the car seems to be unroadworthy and shouldn't have been sold in that condition. But does he have the right nevertheless to stand off on paying for the repairs and do I have the right to ask for a full refund??? I've got the receipt of payment and all the paperwork so the sale was all above board and all.

Pretty worried so thanks in advance.

EKRIUQ

In general, if you are buying from a dealer, you are fully protected by consumer laws, which also give you the right to take legal action if your rights are not upheld.

But the same consumer rights do not exist when you are buying a car privately, as the seller is not acting in the course of a business.

Seller's responsibilities: Remember that it is an offence under both road traffic legislation and the Sale of Goods & Supply of Services Act to sell a car to a consumer which is not roadworthy.

The Sale of Goods & Supply of Services Act also requires that any car sold by a dealer - whether new or used - should be:

• Of merchantable quality (this means a reasonable, acceptable quality given what was said about it and taking into account the age and history of the vehicle)
• Fit for the purpose it is intended to be used for
• As described

If you have a genuine grievance after buying a car, whether new or used, you should first complain to the seller to see what remedy they will offer. The car may still be under warranty and they may be willing to repair the fault or offer compensation.

If you bought from a dealer, find out if they are a member of a recognised trade association such as SIMI (the Society of the Irish Motor Industry). Then check if the association has an arbitration scheme or code of conduct to help resolve the problem, or can supply information on how it deals with complaints.

If no arbitration scheme or code of conduct exists, you may wish to take legal action, which could involve hiring a solicitor.

For claims against a dealer of up to €2,000, you might consider taking the matter through the Small Claims Court for a small fee. This is a relatively cheap, fast and easy way for consumers to resolve some types of dispute without having to use a solicitor.

Pixied

Hi

I'd say defo know your rights see:

http://http://www.consumerconnect.ie/eng/Learning_Zone/Guides_To_Consumer_Law/Buying_a_Car/

and more importantly:

http://http://www.citizensinformation.ie/categories/consumer-affairs/motoring/advice_on_buying_a_used_car_in_Ireland

and if they are members of simi:

http://http://www.simi.ie/showcontent.asp?SubsectionID=54

Be tough and stand your ground. put complaints via email and recorded everything.

Best of Luck!
P

Gillo

How did you pay for the car? if it was by check you'd have time to cancel it, not sure if the same can be done with a bank draft.
It may be worth considering if the dealer won't help you?

pookie82

Hi guys. Thanks a million for all of the advice.

Well it went back yesterday and at first he wouldn't hear of fixing it for free and told us he'd never in a million years refund. His tune changed a bit when the roads authority and consumer information acts were mentioned. Warranty or not, he sold a car which was unroadworthy and when questioned again got his stories mixed up about previous owners and suddenly became very shady indeed. Eventually he agreed angrily to give the money back but not in good grace. Goin back to sort out paperwork and hopefully get the cash back on Monday. The guy's an idiot. If he had just been agreeable to fixing a rather minor and inexpensive problem for free I'd probably have kept the car. But the fact that he got shady over previous owners and another problem arose with the car in the time it took to get it back to him, makes me want to take my money back and run.

You live and learn, I guess. Thanks guys.

Seth Brundle

What was wrong with the car and have you an advert of it for reference?

jor el

pookie82 wrote: »

Now because the car was quite inexpensive there was no warranty with it. So fair enough that it doesn't get fixed for free.

Just because the dealer didn't offer a warranty, doesn't mean that you don't have one. As you bought from a business, you have full statutory protection. If the dealer won't fix the problem, for free, or refund your money, then bring him to the Small Claims Court (if the cost was less than 5000 euro).

Victor McDade

Name and shame the dealer so we know to avoid him. Nothing like a bit of bad publicity to hurt assholes like this