Black Dog Auto Finder

If you buy your new or second hand car from a dealer you enter into a contract governed by the Sale of Goods Act, 1979. The Sale and Supply of Goods to Consumers Regulations, 2002 and Sale & Supply of Goods Act, 1994 are also involved in your contract with the dealer.

The Acts state that each car a dealer sells must be of satisfactory quality, fit for purpose and as described.

A car of satisfactory quality is a car that is as good quality from the point of view of a reasonable or average member of the public, bearing in mind the price paid and how the dealers description of the car. The safety, durability and appearance of the vehicle are to be taken into account when establishing whether the vehicle is of satisfactory quality. The standard you can reasonably expect depends on the mileage of the car, how much you paid for it and the age of the car.

New cars have to be free from even minor defects for them to meet the criteria of satisfactory quality.

To be qualify as fit for purpose the vehicle should be capable of doing what you could reasonably expect for a car of its type, size and price. When the dealer describes a car as being fit for a specific purpose it must meet that criteria too. For example if the dealer says it will tow a caravan of a certain weight it must be able to actually do so.

For the car to meet the as described standard it must be exactly as described in the advert. For a second-hand car this includes the mileage being genuine and the service record being accurate. A new car must be unused and without flaws of any type.

If the car you buy is not of satisfactory quality, fit for purpose or as described, you have the right to complain to the dealer. The dealer has to either compensate you or give you a refund. Speak to the dealer and make a note of the conversation along with the date and time. Clearly state what the issues are and show them any evidence you have of them e.g. breakdown reports or photos. The majority of dealers are very good at resolving issues once made aware of them. If the dealer does not act on the problem within a few working days, put your complaint in writing to them. If they still fail to resolve the problem contact your local Trading Standards Office for help. Tell the dealer you plan to do so to give them one last chance to resolve the issue amicably.

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