Best Auto Dealer Fraud Lawyers in Carrigaline

About Auto Dealer Fraud Law in Carrigaline, Ireland

Auto dealer fraud describes dishonest or misleading practices by motor dealers that cause a buyer financial loss. In Carrigaline and across Ireland, this can include misrepresenting a car as accident free when it is not, concealing serious defects, altering or misdescribing mileage, advertising features the car does not have, or using unfair contract terms. Irish consumer law gives strong protections when you buy from a trader. Most dealer sales to private buyers are governed by the Consumer Rights Act 2022, which requires that vehicles be as described, of acceptable quality, and fit for their normal purpose. Enforcement is national, but your options to resolve a dispute can be taken locally in County Cork through negotiation, Small Claims Court where suitable, or through the civil courts.

Why You May Need a Lawyer

You may need a lawyer if you face complex facts, uncooperative sellers, or significant financial exposure. Common situations include a dealer denying liability for serious faults that appeared soon after purchase, evidence of mileage tampering, discovery of previous write off status or undisclosed accident damage, disputes over warranties or unfair contract terms, PCP or hire purchase sales where the finance company and the dealer each deny responsibility, refusal to repair or refund after multiple failed repairs, cross border purchases or online sales complexities, claims that exceed the Small Claims limit, or where you need expert evidence and court representation. A solicitor can assess your rights, gather and present technical evidence, correspond firmly with the dealer or finance company, negotiate settlement, and issue court proceedings if needed.

Local Laws Overview

When you buy a car from a dealer in Carrigaline, you are protected by the Consumer Rights Act 2022. The car must conform to the contract. That includes being of acceptable quality, fit for your purposes made known to the dealer, matching the description, and free from hidden defects. If the car is not conforming, you are entitled first to repair or replacement within a reasonable time and without significant inconvenience and at no cost. If that fails or is impossible, you can seek a price reduction or a refund. A deduction for use may apply with a refund after prolonged use.

Within the first 12 months from delivery, Irish law presumes a discovered defect existed at delivery unless the dealer can prove otherwise. Contract claims generally must be brought within six years. A dealer warranty can add benefits, but it cannot limit your statutory rights. Phrases like sold as seen or no refunds do not remove your legal protections in a trader to consumer sale.

For distance or off premises sales, such as buying entirely online or where the contract is concluded away from the dealership, you usually have a 14 day right to cancel, with some exceptions. This cooling off right does not apply to standard on premises showroom purchases.

Odometer tampering and misleading claims about mileage or history are unlawful. Misleading or aggressive commercial practices are prohibited by the Consumer Protection Act 2007. Criminal conduct may be investigated by An Garda Siochana and enforced by the Competition and Consumer Protection Commission. If you purchased via hire purchase or PCP, the finance company typically owns the car and can be jointly responsible for remedies.

Smaller disputes up to 2,000 euro may be suitable for the Small Claims procedure in the District Court. Larger or complex claims can be brought in the District or Circuit Court depending on value. Technical expert reports are often important to prove non conformity or undisclosed structural damage.

Frequently Asked Questions

What counts as auto dealer fraud in Ireland

Examples include clocking a car or misdescribing mileage, failing to disclose write off or serious accident history, misrepresenting ownership or outstanding finance, advertising features not present, using unfair contract terms, or refusing statutory remedies while providing misleading reasons. Any misleading or deceptive practice that influences your decision and causes loss may amount to fraud or a prohibited commercial practice.

What are my basic rights when buying from a dealer in Carrigaline

You are entitled to a car that is of acceptable quality, fit for purpose, and as described. If it is not, the dealer must provide repair or replacement at no cost and within a reasonable time. If that is not possible or fails, you can seek a price reduction or a refund. Within the first 12 months, the law presumes a discovered defect was present at delivery unless the dealer proves otherwise.

Can a dealer sell a car sold as seen or with no warranty

No. A dealer cannot limit or exclude your statutory rights. Sold as seen or no refunds wording is ineffective in a consumer purchase from a trader. A dealer warranty is optional and cannot reduce your legal remedies.

Do I have a cooling off period

Yes for most distance or off premises contracts such as online purchases, generally 14 days from delivery, subject to exceptions. There is no automatic cooling off period for standard showroom purchases concluded on the dealer premises.

What should I do if a serious fault appears soon after purchase

Stop using the car if it is unsafe, notify the dealer in writing promptly, describe the fault and request a remedy under the Consumer Rights Act 2022. Keep records of all communications and costs. If the dealer refuses or delays unreasonably, consider getting an independent mechanic or engineer report and seek legal advice.

Is mileage tampering illegal and what are my options

Yes. Altering or misrepresenting mileage is unlawful and can be a criminal offense. If you discover clocking, gather evidence such as service records and inspection reports, report it to the dealer and the CCPC or Garda Siochana, and seek remedies. You may be entitled to unwind the contract or obtain compensation.

I bought with hire purchase or PCP. Who is responsible for faults

With hire purchase or PCP the finance provider owns the car during the term. You usually have rights against both the dealer and the finance company. Notify both in writing. The Financial Services and Pensions Ombudsman can assist with finance related disputes if the issue involves the lender.

Can I use the Small Claims procedure for car disputes

Yes, if your claim is up to 2,000 euro and relates to faulty goods or services against a business. It is designed to be low cost and you generally do not need a solicitor. For higher values or complex disputes, you may need to use the standard court process.

What evidence helps my case

Keep the sales contract, adverts, warranty documents, finance agreement if any, NCT cert, service history, any pre purchase inspection, photos or videos of defects, diagnostic or engineer reports, and written communications with the dealer. Detailed timelines and receipts for related expenses strengthen your position.

How long do I have to take action

Contract claims are generally subject to a six year limitation period from the date of breach. It is best to act quickly. The presumption that a defect existed at delivery applies for 12 months. Different time limits apply for criminal complaints or ombudsman processes, so seek advice promptly.

Additional Resources

Competition and Consumer Protection Commission CCPC. National consumer regulator that enforces consumer law, provides guidance on buying cars, and accepts reports about misleading practices and odometer tampering.

Citizens Information. Public service that explains consumer rights in plain language, including buying used cars, refunds, repairs, and the Small Claims procedure.

Courts Service of Ireland. Information on District Court and Small Claims processes applicable in County Cork.

An Garda Siochana. For reporting suspected criminal activity such as odometer tampering or fraud.

Legal Aid Board. Advice and representation for eligible individuals based on means and merits.

Law Society of Ireland. Find a solicitor with experience in consumer law, litigation, or motor trade disputes.

Financial Services and Pensions Ombudsman FSPO. Independent body for complaints about finance providers, including hire purchase and PCP issues.

Society of the Irish Motor Industry SIMI. Trade body with a consumer complaints process for member dealers.

European Consumer Centre Ireland. Assistance with cross border disputes within the EU, including cars bought from dealers in other member states.

Motor engineer assessors and independent vehicle inspectors. Independent technical reports are often essential to prove non conformity or undisclosed damage.

Next Steps

Document everything. Collect the sales contract, adverts, emails, texts, service records, inspection or NCT documents, and photos or videos of the issues. Keep a written log of dates, symptoms, and contacts with the dealer.

Notify the dealer promptly in writing. State the fault, refer to your rights under the Consumer Rights Act 2022, and request a specific remedy such as repair or replacement within a reasonable time. Set a clear timeframe for response.

Obtain an independent report. A qualified mechanic or automotive engineer in County Cork can assess defects, confirm prior damage, or identify mileage discrepancies. This can be decisive in negotiations and court.

Escalate if needed. If the dealer does not cooperate, consider the Small Claims procedure for suitable values or instruct a solicitor for higher value or complex claims. If finance is involved, notify the lender and consider a complaint to the Financial Services and Pensions Ombudsman.

Report serious misconduct. Where you suspect odometer tampering, false documentation, or systemic misleading practices, report the matter to the CCPC and to An Garda Siochana.

Get legal advice early. A solicitor experienced in consumer and motor law can evaluate remedies, draft a strong letter before action, negotiate settlement, and issue proceedings in the appropriate Cork court if required.

Act without delay. Prompt action protects your position, improves your chances of repair or refund, and helps preserve evidence for any formal claim.