Best Auto Dealer Fraud Lawyers in Cobh

About Auto Dealer Fraud Law in Cobh, Ireland

Auto dealer fraud refers to deceptive or unfair practices by motor dealers when advertising, selling, financing, or warranting vehicles. In Cobh, as in the rest of Ireland, most disputes arise from misleading descriptions, undisclosed defects, false mileage, unfair contract terms, and problems with finance or hire purchase agreements. Irish consumer protection law is national and applies equally in Cobh. If you bought from a registered motor dealer, you have strong statutory rights that apply in addition to any warranty. If you bought privately, your protections are more limited, but fraud and misrepresentation may still be actionable.

This guide explains your rights, common issues, and practical steps to take in Cobh and the wider County Cork area. It is general information - always take tailored advice from a qualified solicitor before acting.

Why You May Need a Lawyer

You may need a lawyer if you encounter any of the following situations after purchasing a car from a dealer in or near Cobh:

- The car has serious defects soon after purchase, and the dealer refuses to repair, replace, or refund.

- The vehicle was misdescribed, for example wrong year, incorrect model or trim, accident history not disclosed, imported status not disclosed, or features advertised but not supplied.

- Odometer tampering or mileage discrepancies are suspected.

- You discover that a car sold as not previously damaged was in fact a write off or had major structural repairs.

- The dealer will not return a deposit despite non-approval of finance or other agreed conditions not being met.

- Pressure selling, unfair extras, or hidden fees were added to the price or finance without clear consent.

- Issues under hire purchase or PCP arise, such as repossession threats, early termination, excess wear charges, or disputes about voluntary termination rights.

- The seller presented as a private individual but was in fact trading as a business.

- The dispute amount is above the Small Claims limit or the matter is complex, requiring District Court or Circuit Court proceedings.

- You need help preserving evidence, drafting a formal letter of claim, negotiating a settlement, or engaging expert engineers.

Local Laws Overview

Irish consumer and contract law governs vehicle sales in Cobh. Key laws and rules include:

- Consumer Rights Act 2022: For consumer purchases from dealers, vehicles must be of satisfactory quality, fit for purpose, and as described. For used cars, quality is assessed in light of age, mileage, prior use, and price. If the car is not in conformity, your primary remedies are repair or replacement. If those are impossible or not carried out within a reasonable time or without significant inconvenience, you can seek a price reduction or a refund. For defects that arise within 12 months of delivery, it is presumed they existed at delivery unless the dealer proves otherwise.

- Consumer Protection Act 2007: Prohibits misleading, aggressive, and unfair commercial practices. False or deceptive advertising, clocking, or misrepresenting accident history can amount to prohibited conduct and may be both a civil and criminal matter.

- Sale of Goods and Supply of Services Act 1980: Still relevant to older contracts and non-consumer transactions. It implied terms as to merchantable quality and fitness for purpose.

- Road Traffic Act 2014: Makes odometer tampering and the sale or installation of clocking devices a criminal offence.

- Consumer Credit Act 1995 and related regulations: Regulates hire purchase and PCP. Consumers have specific rights including a 14-day right to withdraw from credit agreements and the right to voluntary termination on hire purchase or PCP subject to the half-rule and other conditions. Retail credit providers are regulated by the Central Bank of Ireland.

- Distance and off-premises sales: If you buy from a dealer online or off-premises, you usually have a 14-day cooling-off right to cancel the sales contract, subject to conditions and potential deductions for use. This is separate from the 14-day right to withdraw from credit agreements.

- Price transparency: Dealers must present the full price including all compulsory charges. Hidden admin fees or undisclosed extras are not allowed.

- NCT and roadworthiness: An NCT pass is not a guarantee of quality or absence of defects. It reflects roadworthiness at the time of the test. Dealers should not use an NCT certificate to justify misdescriptions or conceal faults.

- Limitation periods: Most contract and misrepresentation claims must be started within six years from the date the cause of action accrued. Do not delay seeking advice.

- Dispute resolution: The Small Claims procedure in the District Court can be used by consumers for claims up to 2,000 euro against a business. Larger or more complex claims usually proceed in the District or Circuit Court. Alternative dispute resolution and negotiated settlements are common.

Frequently Asked Questions

What counts as auto dealer fraud in Ireland?

It includes misleading descriptions, concealed defects, false mileage, advertising a car as accident free when it is not, charging hidden fees, bait and switch tactics, rolling back odometers, or claiming a car has features or a service history it does not have. It can be a breach of contract, a misleading commercial practice, or both.

Do I have rights even if I bought a used car as is from a dealer?

Yes. A dealer cannot contract out of your statutory rights. Regardless of any as is wording, a used car must still be of satisfactory quality, fit for purpose, and as described taking age and mileage into account. Disclaimers cannot excuse misleading statements or concealment of known defects.

What if I bought from a private seller in Cobh?

Private sales offer fewer statutory protections. The key rule is buyer beware, but a private seller cannot misrepresent the vehicle. If a private seller lies about material facts, you may have a misrepresentation claim. Always obtain a mechanical inspection and a history check before paying.

Is odometer clocking illegal in Ireland?

Yes. Interfering with or supplying devices to alter mileage is a criminal offence. It is also a misleading commercial practice. If you suspect clocking, stop using the vehicle, gather evidence such as NCT mileage records and history reports, and speak to a solicitor. You can also report suspected crime to An Garda Siochana.

Do I have a cooling off period after buying a car from a dealer?

If you buy at the dealership premises, there is generally no cooling off period for the sale itself. If you buy at a distance or off-premises, you usually have 14 days to cancel the sales contract. Separately, you have a 14-day right to withdraw from most credit agreements, including hire purchase and PCP, even if you signed in person.

The car developed a fault within weeks. Can I reject it?

You have the right to remedies if the car was not in conformity at delivery. Irish law uses a tiered remedy system: request a repair or replacement first. If that is impossible or not completed within a reasonable time or without significant inconvenience, you can seek a refund or a price reduction. Keep records and give the dealer a clear opportunity to put things right.

What evidence should I collect for a dispute?

Keep the sales invoice, order form, finance documents, advertisements and screenshots, service and NCT records, text and email communications, and any warranty documents. Take dated photos or videos of defects. Obtain an independent engineer or mechanic report if possible. Write down timelines and who said what.

Can a dealer keep my deposit if finance is refused?

If the sale was clearly subject to finance approval, the deposit should be refundable if approval is declined. Make sure any deposit receipt states subject to finance in writing. If terms were unclear or the dealer refuses to refund, seek legal advice promptly.

Does an NCT pass mean the dealer is off the hook?

No. An NCT pass is not proof that the car matches its description or that it is free from defects. Your statutory rights against the dealer stand regardless of the NCT. Misdescriptions and hidden faults remain the dealer's responsibility.

How long do I have to take action?

Most contract and misrepresentation claims have a six year limitation period in Ireland. Practical deadlines can be much shorter due to evidence and repair needs, so act quickly. Finance complaints may have additional regulatory timeframes. If you plan to use the Small Claims procedure, consider starting the process as soon as negotiations stall.

Additional Resources

- Competition and Consumer Protection Commission CCPC: Information on buying cars, consumer remedies, unfair practices, and price transparency. The CCPC accepts consumer reports about misleading practices by dealers.

- An Garda Siochana: Report suspected criminal offences such as odometer tampering, fraud, or false documents.

- Society of the Irish Motor Industry SIMI: Some dealers are SIMI members and follow a code of ethics. SIMI operates a member complaints process.

- National Car Test Service NCTS: Mileage is recorded at each test. NCTS records can help evidence mileage trends.

- Central Bank of Ireland: Oversight of retail credit and hire purchase providers. Useful for issues with PCP or HP finance firms.

- Courts Service of Ireland Small Claims: Information on the Small Claims procedure in the District Court for consumer claims up to 2,000 euro.

- Independent vehicle history services and qualified automotive engineers: Useful for pre-purchase checks and expert reports.

- Legal Services Regulatory Authority and Law Society of Ireland: Directories to find a solicitor experienced in consumer and motor trade disputes.

Next Steps

1. Stop and document: As soon as you suspect fraud or non-conformity, stop using the car where safe, photograph and record the issues, and gather all paperwork, adverts, and messages.

2. Get an independent assessment: Arrange an engineer or qualified mechanic inspection and obtain a written report that identifies defects and their likely cause.

3. Notify the dealer in writing: Send a dated letter or email describing the problems, the remedies you want repair, replacement, refund, and a reasonable deadline for response. Keep it factual and polite.

4. Consider statutory remedies and finance rights: Decide whether repair or replacement is acceptable or whether a price reduction or refund is appropriate. If you have hire purchase or PCP, consider the 14-day withdrawal right from credit and ask a solicitor about voluntary termination options.

5. Escalate if needed: If the dealer does not engage, consider a formal letter of claim from a solicitor. For claims up to 2,000 euro, the Small Claims procedure may be suitable. Larger or complex cases may require District or Circuit Court proceedings.

6. Report misconduct: Where misleading practices or suspected criminal conduct are involved, lodge a report with the CCPC and, for offences like clocking, with An Garda Siochana.

7. Seek tailored legal advice: A solicitor experienced in consumer and motor disputes can help you assess evidence, quantify loss, preserve your position under limitation periods, and pursue the most effective remedy for your situation in Cobh and the wider Cork area.

This guide is for information only and is not legal advice. Laws change and every case turns on its facts. If you think you have experienced auto dealer fraud in Cobh, consult a qualified solicitor without delay.