Best Auto Dealer Fraud Lawyers in Carrigaline

About Auto Dealer Fraud Law in Carrigaline, Ireland

Auto dealer fraud refers to deceptive or unfair practices by motor dealers when advertising, financing, or selling vehicles. Common issues include undisclosed accident or write-off history, clocked or altered mileage, misrepresenting service or ownership history, concealing serious mechanical defects, selling unroadworthy vehicles, bait-and-switch advertising, and mis-selling of finance or add-ons. If you live in Carrigaline or the wider County Cork area, the same national consumer protection laws apply, and disputes are usually handled through the Cork District Court or higher courts depending on claim value.

Irish law gives consumers strong rights when buying from a business. If a dealer sells you a car that does not match its description, is not of satisfactory quality considering its age and price, or is not fit for its normal purpose, you may be entitled to repair, replacement, a price reduction, or a refund. Misleading or aggressive practices are prohibited, and odometer tampering is a criminal offence.

Why You May Need a Lawyer

You may need a lawyer if the dealer refuses to repair, replace, or refund; if the defect is serious and safety related; if the car’s history or mileage was falsified; if the dispute involves complex finance or hire purchase agreements; or if your losses are substantial. A solicitor can assess evidence, interpret your contract, obtain expert engineer reports, negotiate with the dealer or finance provider, and issue court proceedings if needed. Legal advice is especially useful if there are multiple parties involved such as a dealer, a finance company, or a warranty provider.

Where a vehicle defect causes an accident or injury, a solicitor can also advise on a separate personal injury claim with different time limits and evidential requirements.

Local Laws Overview

Consumer Rights Act 2022. This is the main consumer law for sales from businesses to consumers. It requires goods to conform with the contract, be of satisfactory quality, match their description and any sample, be fit for purpose, and be installed correctly if installation is part of the contract. For the first 12 months after delivery any lack of conformity is presumed to have existed at delivery unless the trader proves otherwise. The overall liability period to pursue a lack of conformity is generally two years. For second-hand goods, a shorter period can be agreed but not less than one year. Remedies normally follow a hierarchy - repair or replacement first within a reasonable time and without significant inconvenience, then price reduction or rescission with a refund if the dealer does not resolve the issue or the fault is serious.

Consumer Protection Act 2007. Prohibits misleading, aggressive, or unfair commercial practices. False claims about mileage, ownership, accident history, NCT status, or price are prohibited. These are enforceable by the Competition and Consumer Protection Commission and can amount to criminal offences.

Sale of Goods and Supply of Services Act 1980. Continues to apply to some contracts and to sales before the 2022 Act commenced. It implies terms into consumer contracts similar to the concepts of merchantable quality and fitness for purpose.

Road Traffic legislation and odometer offences. Odometer tampering and selling a car with an altered odometer without disclosure are criminal offences in Ireland. Vehicles four years and older must have a valid NCT certificate to be driven on public roads, and dealers must not misrepresent NCT status. An NCT certificate does not guarantee overall condition - it is a snapshot of roadworthiness at the time of testing.

Distance and off-premises sales. If you bought the vehicle online or off the dealer’s premises, the Consumer Rights Act 2022 provides a 14-day cooling-off period, subject to conditions. You must take care of the car and may be liable for any diminished value due to use beyond what is necessary to inspect it. The right does not usually apply to sales concluded entirely at the dealership.

Finance and hire purchase. Many car sales are via hire purchase or PCP. In a hire purchase, the finance company is typically the owner and responsible to you for conformity with the contract. The Consumer Credit Act 1995 and related rules govern these agreements. You may have options to terminate a hire purchase after paying a certain amount, and misrepresentations by a dealer acting as a credit intermediary can have consequences for the finance agreement.

Litigation routes and time limits. The Small Claims procedure in the District Court covers lower value consumer disputes, typically up to 2,000 euro. Larger claims go to the District Court up to 15,000 euro, the Circuit Court up to 75,000 euro, and the High Court above that. Contract and misrepresentation claims are generally subject to a six-year limitation period. Personal injury claims are typically two years from the date of knowledge. Seek advice promptly to protect your position.

Frequently Asked Questions

What counts as auto dealer fraud in Ireland?

Examples include clocking mileage, concealing accident or write-off history, misrepresenting the number of owners or service records, advertising features the car does not have, selling an unroadworthy car as roadworthy, falsely claiming a warranty or NCT, and aggressive or misleading sales tactics. Misrepresentations about finance terms or add-on products can also be fraudulent or unfair.

Do my consumer rights apply to used cars?

Yes. When you buy from a business, used cars must be of satisfactory quality for their age and price, fit for purpose, and as described. Wear and tear is expected, but major faults or safety defects that were not disclosed can breach your rights. Buying from a private individual is different - consumer legislation does not generally apply, but you still have rights if you were misled.

Are “sold as seen” or “no warranty” disclaimers valid?

No, not for consumer purchases from a dealer. A trader cannot exclude or limit your statutory rights. Terms like sold as seen or trade sale are not effective to avoid responsibility for quality, fitness for purpose, or description in a consumer sale.

What if the car develops a fault soon after purchase?

Notify the dealer in writing as soon as possible, describe the fault, and request a remedy. Under the Consumer Rights Act 2022 the dealer must repair or replace within a reasonable time and without significant inconvenience. If they fail to do so or the fault is serious, you may be entitled to a price reduction or a refund. For the first 12 months the law presumes the fault existed at delivery unless the dealer proves otherwise.

Can I return the car and get a refund?

A refund is available where repair or replacement is not possible or is not completed within a reasonable time, or where the lack of conformity is serious. The dealer may make a deduction for use only in limited circumstances with motor vehicles, and must refund without undue delay once rescission is agreed and the car is returned.

What are my rights if the mileage was altered?

Odometer tampering and selling a vehicle with altered mileage without disclosure are criminal offences. You can seek civil remedies for misrepresentation and breach of consumer law, which may include rescission and damages. Report suspected clocking to An Garda Siochana and the Competition and Consumer Protection Commission.

I bought on hire purchase or PCP - who is responsible?

In hire purchase, the finance company usually owns the car and is the supplier for consumer law purposes. You should notify both the dealer and the finance company. The finance provider is generally responsible for ensuring the vehicle conforms with the contract and can be required to arrange repair, replacement, or other remedies.

Do I have a cooling-off period?

If you bought online or off-premises, you generally have 14 days to cancel under the Consumer Rights Act 2022. This usually does not apply to purchases concluded entirely at a dealership. If you use the car more than necessary to inspect it, you may have to pay for any diminished value.

Can I use the Small Claims procedure for a car dispute?

Yes, for straightforward consumer claims up to 2,000 euro. Many car disputes exceed that value, in which case you may need to issue proceedings in the District Court or higher. Consider legal advice before choosing a forum, and ensure you have engineer reports and other evidence.

How do I prove the dealer misled me?

Collect the advertisement, sales invoice, warranty documents, finance agreement, emails and texts, photographs, NCT and service records, and a vehicle history report. An independent mechanic or engineer report from a qualified assessor in County Cork can be persuasive evidence in negotiation and in court.

Additional Resources

Competition and Consumer Protection Commission - consumer complaints, guidance, and enforcement regarding unfair commercial practices.

Road Safety Authority and National Car Testing Service - information on roadworthiness, NCT rules, and recorded odometer readings from tests.

An Garda Siochana - report suspected criminal fraud such as odometer tampering or forgery of documents.

Society of the Irish Motor Industry - code of ethics and a complaint process for member dealers.

Legal Aid Board - civil legal aid and advice, subject to means and merits tests.

Free Legal Advice Centres - free legal information and advice clinics.

Courts Service of Ireland - information on the Small Claims procedure and local courts serving Carrigaline and County Cork.

Citizens Information - plain language guidance on consumer rights, buying a used car, and dispute options.

Independent vehicle history services such as Cartell and MotorCheck - useful for checking mileage, write-off, and finance history.

Next Steps

Prioritise safety. If the car may be unsafe, stop driving it and arrange an independent inspection by a qualified mechanic or automotive engineer in County Cork.

Gather documents. Keep the advertisement, invoice, finance or hire purchase agreement, warranty terms, NCT details, service records, and all communications with the dealer.

Notify the dealer in writing. Set out the faults and what you want - repair, replacement, price reduction, or refund. Give a clear and reasonable deadline and keep a copy. Under the Consumer Rights Act 2022 the dealer must remedy within a reasonable time without significant inconvenience to you.

Involve the finance provider if applicable. If you purchased on hire purchase or PCP, notify the finance company immediately because it is usually responsible as the supplier.

Obtain an expert report. A written engineer report will strengthen your position and may be required by the court. It also helps quantify repair costs and safety issues.

Consider interim options. If you paid by card, speak to your bank about chargeback timeframes. Do not consent to repairs that might undermine your legal remedies without advice.

Escalate complaints. File a complaint with the Competition and Consumer Protection Commission for unfair practices. If the dealer is a member of the Society of the Irish Motor Industry, use its complaints process.

Choose a resolution path. For smaller claims, use the Small Claims procedure. For higher value or complex cases, consult a solicitor experienced in motor disputes in the Cork area. A solicitor can send a letter of claim, negotiate settlement, or issue proceedings in the appropriate court.

Mind time limits. Act promptly to preserve evidence and meet statutory deadlines. Keep all communications in writing and document any further faults or costs.

This guide is general information, not legal advice. For tailored guidance on an auto dealer fraud issue in Carrigaline, speak with an Irish solicitor experienced in consumer and motor law.