IF a problem arise when you buy a used or second-hand car, your rights for redress depend on where you bought the car.
When you buy a used car from a trader (a car dealer, garage or a business selling on an online marketplace), you have similar consumer rights as when buying a new car. If you buy from a private seller, you also have fewer legal rights. This is because consumer law applies to contracts between a trader and a consumer and does not cover consumer-to-consumer deals.
What are my rights if I bought from a garage or car dealer?
If a used or second-hand car you bought develops a fault, you have the right to ask the garage or car dealer to fix the problem by:
• Repairing the faulty part(s) for free, within a reasonable time and without significant inconvenience to you
• Providing a replacement part or a car of similar quality or value
• Giving you a refund of the full price paid or a partial refund with a deduction for use (also known as recission)
What if the car is still under warranty?
If your car was sold with a manufacturer’s warranty, this provides extra protections. Check the terms and conditions to see if the warranty is still in date, what problems are covered and what the seller’s obligations are.
Used car warranties are agreed between you and the dealer when you are negotiating the sale. They are usually non-transferable. This means that you will have to go back to the garage or car dealer you bought the car from to get repairs done under that warranty.
A warranty or guarantee gives you extra protections but it does not replace your statutory rights when goods are faulty. The seller still has a legal duty to provide you with a repair, replacement or refund if the car turns out not to be of satisfactory quality and durability or match what was set out in the contract.
What are my rights if I bought under a finance agreement?
In all Hire Purchase and Personal Contract Plan (PCP) agreements, the car remains the property of the finance company and ownership of the car does not pass to you until the final instalment is paid.
If a car you bought under a Hire Purchase or PCP agreement is or becomes faulty, both the seller and the owner (finance company) are responsible. You can claim against either party in this situation. You cannot claim against the car
manufacturer.
If the seller agrees to give a refund, this will be provided to the finance company who will usually:
• End the finance agreement
• Pay you back your deposit plus any payments you have already made
• Deduct a certain amount for use of the vehicle
What are my rights if I bought at an auction?
When you buy a car at auction, it is usually ‘sold as seen’. It is up to you to do the necessary checks by inspecting it before bidding (for example, by getting a mechanic to examine the car before you
buy).
If something goes wrong after you buy, the auction firm is not responsible. Check the auction’s conditions of sale before you buy.
What are my rights if I bought from a private seller?
You have very few legal rights when you buy a car from a private seller. Consumer laws only apply to deals between a consumer (a person who buys a good or service for personal use or consumption) and a trader (a person acting for purposes related to their trade, business or profession). It does not apply when you buy from a private individual who is not a trader (for example, someone who is selling their own car to you but who does not sell cars as a profession)
You should still contact the seller to try to work out a solution. If you can’t resolve the problem, you can take a civil case or use the small claims procedure.
Are there some situations where I do not have right to redress?
In some cases, you do not have a right to a repair or refund when there is a fault with your used car.
This includes where:
• You were told about the fault when you bought the car
• You (or your mechanic) inspected the car and should have spotted the problem, for example, a dent
• You caused the fault
• The fault is from normal wear and tear. This means it is normal considering how much the car has been used (for example, change of tyres or brake pads)
How can I take a complaint further?
Always complain first to the person who sold you the car.
If your complaint can’t be resolved by the seller themselves, you can make a formal complaint to the relevant trade or professional body. If the garage or car dealer is a member of the Society of the Irish Motor Industry (SIMI), you can make a formal complaint to SIMI through its consumer complaints service or arbitration scheme. SIMI will try to mediate between you and the trader to resolve the issue. SIMI deals with complaints relating to:
• Used car you bought from SIMI members
• Service or repairs of cars by SIMI member
You should make your complaint to SIMI within 3 months from the date your problem started. There is no charge for using the SIMI complaints or arbitration services.
Where the trader is not a member of any trade or professional body or you bought the car from a private seller, you can consider taking a civil case or using the small claims procedure.
What are my options for resolving a dispute with a private seller?
If you cannot resolve your dispute with a private seller, you can consider taking legal action. If the amount involved is less than €2,000, you can take a case to the small claims court using the small claims procedure. For amounts over €2,000, ask a solicitor about taking a civil case.
