Dear Claudine,

I bought a second hand car four months ago from a garage and I have been having a lot of problems with it. I have contacted the garage owner and requested that he return my money to me as I am now not happy with the condition of the car and do not feel confident driving it. The garage owner has refused stating that there were no problems with the car when it was in his possession and that it was my responsibility to check that the car was in good working order before I bought it. He will not return my calls. Can you please advise me of what I should do.

Thanks Fiona

Dear Fiona,

Thank you very much for your letter. When buying from someone acting in the course of their business, every consumer is protected by consumer legislation particularly The Sale of Goods and Supply of Services Act 1980. This requires that all goods sold should be of (a) Merchantable quality (b) Fit for the purpose they are intended to be used for and (c) As described. It is an offence under the 1980 Act to sell a car to a consumer which is not road worthy. It is also an offence under Road Traffic Legislation which is enforced by the Gardai. A trader must not give misleading material information in relation to any aspect of the car. There is also a responsibility on you as a buyer/consumer to protect yourself by checking the relevant facts before entering into any contract. You have correctly contacted the seller in relation to your grievance in relation to the condition of your car. The car may be under warranty and the seller may offer to repair the fault or offer compensation. He may also be a member of a recognised trade association such as the Society of the Irish Motor Industry (SIMI). They may have an Arbitration Scheme or a Code of conduct which may facilitate you in resolving the problem. If not, you should contact a Solicitor to take legal action on your behalf, however, it will be necessary for you to obtain an independent Motor Assessors Report. Alternatively, you may consider referring the matter to the Small Claims Court for a small fee for claims up to a maximum of €2,000.00. The National Consumer Agency (NCA) takes a very serious view of traders who mislead consumers regarding a car’s usage or prior history and you might also contact them on 1890 432432 or www.consumerconnect.ie

With Every Good Wish,

Claudine