Purchasing a new car is normally a fairly straightforward process. But if you're buying an used one, all the information you require will not be in a shiny brochure, so you will need to ask some key questions.
Types of used car
Second-hand cars can be described in a number of ways:
But the one thing that all of these have in common is that someone has used the car before. For this reason, you need to be very vigilant and well informed about the car's condition.
Your rights
The two main sources of second-hand cars are:
* Traders, generally referred to as "dealers", who buy and sell cars as part of their business
* Private sellers, who generally have only one car to sell, and are not selling it in the course of a business
This is a key difference, because your rights are not the same if you are buying from a dealer or a private individual.
Usually, 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. So you need to be more careful and well informed before purchasing a car in this way.
Your responsibilities
Buyers and sellers also have responsibilities:
* Buyer's responsibilities:
Buyers have a responsibility to protect themselves by checking the relevant facts before entering any contract. As long as you ask the right questions, note the answers or get them in writing, and know your rights, you should have the tools at your disposal to challenge a seller if things go wrong
* Seller's responsibilities:
Remember that it is an offense 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
Sale of Goods Act
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
Misleading information
It is an offense under consumer legislation to provide false or misleading information to consumers in commercial transactions.
A car dealer must not give misleading material information in relation to any aspect of the car, including its history (such as if the car has been in a crash or "clocked"), its specification, the need for any repair or other work required and so on.
A dealer must also not give misleading information about themselves, such as information about:
* Any after-sales assistance they will provide
* Any approval, authorization or endorsement they have
* A code of practice
Withholding, omitting or concealing any material information regarding the main characteristics of a car is also an offense.
These offenses add up protection for consumers if they already know what questions to ask.
Remember, though, that a private seller cannot be expected to know about the car as a dealer would, and consumer protection legislation generally does not cover private sales.
But the seller is still required to give you accurate information to any questions that you ask. There is no obligation on the private seller to give up any information freely, so its good to know which questions to ask in the first place. Our booklet on buying a car (see below) includes advice on these questions, and a checklist for buyers.
If something goes wrong
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 trade dealer, find out if they are a member of a recognized 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.
Remember though that a consumer cannot take a case in the Small Claims against another consumer, so this is only an avenue if you bought from a dealer rather than from a private individual.
If a private seller has given you information which they know to be false and you are out of pocket as a result, you may be able to take legal action in another court against them. In this situation you may need to seek legal advice.
Clocked cars
"Clocking" is the practice of changing a car's genuine odometer reading of the car, generally by reducing it, in order to make the car seem a more attractive proposition. The speedometer is a "clock" which tells you how many miles or kilometers the car has travelled.
According to Sustainable Energy Ireland, the average yearly mileage on privately owned petrol cars in Ireland is about 10,000 miles (16,000 km), or about 15,000 miles (24,000 km) for diesels. So if the car has a mileage substantially lower than this, but also shows signs of heavy wear and tear, always be on your guard.
If you have evidence that a car has been clocked, report this as soon as possible to us on LoCall 1890 432 432, or through our website. Taking too long in reporting it may affect our ability to take action. The National Consumer Agency's aim is to help stamp out this practice through raising consumer awareness, prosecuting offenses, liaising with the industry and in any other way we possibly can.
Author Resource:
If looking for an Used car try Used Cars Ireland or Cars For cars of all makes and models for sale from car dealers and private sellers.
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