Best Auto Dealer Fraud Lawyers in Passage West

About Auto Dealer Fraud Law in Passage West, Ireland

Auto dealer fraud refers to dishonest or unlawful practices by motor dealers when advertising, selling, financing, or warranting vehicles. In Passage West, County Cork, the rules that protect buyers are national Irish laws, so the protections available to you are the same as elsewhere in Ireland. Common issues include misleading advertisements, concealing accident or write off history, clocked mileage, misrepresenting service or ownership history, selling unroadworthy vehicles as roadworthy, unfair contract terms, and refusing to honor statutory remedies for faulty cars. If you bought from a business dealer, you have strong consumer protections that apply regardless of any warranty or disclaimer in the paperwork.

Why You May Need a Lawyer

Many problems can be resolved by clear communication and evidence, but legal help is often needed when the stakes are high or the dealer will not cooperate. You may need a solicitor if the vehicle has serious faults that affect safety or value, if there is suspected odometer tampering or concealed write off status, if the dealer refuses or delays repair or replacement, if you need to unwind complex finance such as hire purchase or PCP, if you bought at a distance and need to exercise a cooling off right, if there are large losses or a potential court claim, if you need an expert report and a formal letter before action, or if the seller is outside Ireland and cross border issues arise. A lawyer can assess the best remedy, preserve evidence, negotiate with the dealer or finance company, and represent you in the District Court, Circuit Court, or through alternative dispute resolution.

Local Laws Overview

Consumer Rights Act 2022. This is the main source of modern consumer sale rights in Ireland. When you buy from a trader, the car must conform to the contract. That means it must match the description, be of satisfactory quality for a second hand vehicle taking account of age, mileage, and price, be fit for the purposes you made known, and include any accessories and documentation promised. If there is a lack of conformity, the trader is responsible. The primary remedies are repair or replacement within a reasonable time and without significant inconvenience. If that fails or is not provided, you can seek a price reduction or final termination with a refund. For defects that appear within 12 months of delivery, there is a presumption that the fault existed at delivery unless the trader proves otherwise. Warranties cannot reduce your statutory rights.

Sale of Goods and Supply of Services Act 1980. Many implied terms and limits on exclusion clauses still inform the law. Contract terms that try to exclude or restrict consumer sale rights are generally void. This also remains relevant to repair services performed by garages.

Consumer Protection Act 2007. This prohibits unfair, misleading, and aggressive commercial practices. Misleading actions or omissions in advertising or sales communications can lead to enforcement by the Competition and Consumer Protection Commission. It is a criminal offence for traders to engage in prohibited practices. Consumers can rely on these rules when challenging misrepresentations and may use them as part of a civil claim.

Road Traffic law and odometer offences. Odometer tampering and selling a clocked vehicle are criminal offences in Ireland. A fresh NCT is not a guarantee of mechanical condition. Selling an unroadworthy car as roadworthy is unlawful and can have criminal and civil consequences.

Distance and off premises sales. If you concluded the purchase away from the dealer premises or entirely online or by phone, you generally have a 14 day cooling off period to cancel, subject to legal conditions and exceptions. You may be liable for any diminished value due to handling beyond what is necessary to inspect the car.

Private sales. If you bought from a private individual rather than a trader, the full suite of consumer statutes does not apply. Your rights are more limited and will center on misrepresentation and the basic rule that the car must correspond with its description. Buyer beware applies much more strongly in a private sale.

Finance and hire purchase. With hire purchase or PCP, the finance company is usually the legal owner of the vehicle. You have statutory rights against the finance provider regarding vehicle conformity and credit terms. There is usually a separate right of withdrawal from the credit agreement within a short period. Do not stop payments without legal advice, but notify the finance company promptly of any dispute.

Time limits and forums. Most contract claims must be started within six years from breach. Personal injury claims have a much shorter two year limitation. For lower value disputes against a trader up to 2,000 euro, the Small Claims procedure through the District Court is available and is designed to be used without a solicitor. Larger or complex claims may require Circuit Court proceedings.

Industry standards. Dealers who are members of the Society of the Irish Motor Industry follow a code of ethics and offer a mediation route. The Advertising Standards Authority for Ireland oversees advertising codes, and complaints about misleading ads may be lodged there.

Frequently Asked Questions

What counts as auto dealer fraud?

It includes any dishonest or unlawful practice by a dealer that induces you to buy or pay more than you should. Examples include clocking mileage, concealing prior write off or structural damage, misdescribing features or ownership history, advertising a car as one owner when it had multiple, selling an unroadworthy vehicle as roadworthy, falsifying service records, or using unfair contract terms to deny statutory remedies.

Are my statutory rights affected by sold as seen or trade sale wording?

No. When you buy from a business dealer, consumer statutes apply regardless of disclaimers or sold as seen wording. A trader cannot contract out of the implied terms on quality, fitness for purpose, and description. Such wording may be relevant in a private sale, but not in a consumer sale with a dealer.

What are my remedies if the car is faulty after purchase?

You should notify the dealer quickly and request a remedy. The law provides a hierarchy. First, the dealer must offer a repair or replacement within a reasonable time and without significant inconvenience to you. If they do not, or the fault persists, you can seek a price reduction or final termination with a refund. You can also claim for reasonably foreseeable losses caused by the breach, such as towing costs, but you should mitigate your losses.

How quickly must I notify the dealer?

Notify the dealer as soon as you notice a defect. Written notice with a clear timeline and evidence is best. Under the Consumer Rights Act 2022, defects that appear within 12 months are presumed to have existed at delivery unless the trader proves otherwise, but you should still act promptly to preserve your position.

Can I reject the car and get a refund?

Final termination with a refund is available if repair or replacement is not provided within a reasonable time, is impossible, or would cause you significant inconvenience, or if the defect is serious and persists after attempts to remedy. The refund can be reduced to reflect use, depending on the circumstances and timing. A lawyer can help assess if termination is proportionate and how to structure the request.

What if I bought on hire purchase or PCP?

Inform the finance company in writing immediately, because they are the owner and have obligations under consumer law. Do not stop payments without advice. You may have a short right to withdraw from the credit agreement. For vehicle defects, you can usually pursue remedies against the finance provider as well as the supplying dealer.

Does an NCT certificate mean the car is trouble free?

No. The NCT is a point in time roadworthiness test. It is not a guarantee of mechanical condition or freedom from defects. A car can pass NCT and still lack conformity with its description or have hidden issues. Dealers should not rely on NCT alone to rebut a valid defect claim.

What about clocking or mileage discrepancies?

Odometer tampering and selling a clocked car are criminal offences. If you suspect clocking, stop using the car, gather evidence such as service records and history checks, and report the matter to An Garda Siochana. You can also pursue civil remedies against the dealer and, where applicable, the finance company.

Can I use the Small Claims procedure?

Yes, for claims against a trader up to 2,000 euro. It is a low cost process designed for consumers and does not require a solicitor. It can be suitable for deposits, minor repair costs, or partial refunds. Larger or complex claims may be better handled through solicitor led negotiation or court proceedings.

What if the seller was a private individual?

Consumer statutes usually apply only to business to consumer sales. In a private sale you must rely on the terms of the contract and misrepresentation law. The seller must not misdescribe the car, but there is no general obligation to ensure quality. Pre purchase inspections and thorough checks are especially important for private sales.

Additional Resources

Competition and Consumer Protection Commission. National consumer regulator that enforces rules on unfair commercial practices and provides guidance for buyers and dealers. While it does not resolve individual disputes, it uses complaint data for enforcement and can direct you to appropriate routes.

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

Society of the Irish Motor Industry. If the dealer is a member, you can use its consumer complaints and mediation service under its code of ethics.

Advertising Standards Authority for Ireland. Accepts complaints about misleading car advertisements.

An Garda Siochana. For suspected fraud, clocking, or criminal offences connected to a vehicle sale.

Road Safety Authority and NCT. Guidance on vehicle roadworthiness and what the NCT does and does not cover.

Citizens Information. Neutral guidance on consumer rights and practical steps for Irish residents.

Free Legal Advice Centres. Independent legal clinics that may offer basic advice or clinics in County Cork.

Legal Aid Board. Means tested civil legal aid which may be available in some consumer matters.

European Consumer Centre Ireland. Help with cross border purchases within the EU where the trader is based in another member state.

Next Steps

Stop using the car if it is unsafe, and document everything. Keep the advertisement, all messages, the sales invoice, finance paperwork, NCT certificate, service records, and any warranty terms. Take dated photographs and videos of faults. Record odometer readings and dashboard warnings.

Notify the dealer in writing immediately. Describe the defects, attach evidence, and state the remedy you seek under the Consumer Rights Act 2022. Give a clear and reasonable deadline for response. Keep your tone factual and professional.

Give the dealer a fair opportunity to repair or replace. If they refuse or delay, or if the defect persists, consider seeking a price reduction or final termination with a refund. If you have finance or PCP, notify the finance company at the same time and follow their dispute process.

Obtain an independent mechanic report if the issue is disputed or technical. A short, clear report that links the defect to a pre existing condition can be decisive. Keep receipts for all related expenses.

Choose the right forum for your claim. For up to 2,000 euro, consider the Small Claims procedure. For larger sums, complex disputes, or where termination is sought, consult a solicitor. If the dealer is an SIMI member, try their mediation first while preserving legal deadlines.

Consider a chargeback for deposits or card payments where there is clear misrepresentation or non delivery, and do so promptly. This is separate from your legal rights and subject to card scheme rules.

Mind the time limits. Most contract claims have a six year limit, but you should not wait. Evidence fades and practical remedies are easier to achieve early. For any injury caused by a vehicle defect, the two year personal injury limit applies.

Speak to an Irish solicitor experienced in motor and consumer law. A focused initial consultation can clarify your rights, the best strategy, likely timelines, and costs. Ask about fixed fees for letters before action, reviewing expert reports, and representing you in negotiations or court.

This guide is general information and not a substitute for legal advice. A local solicitor can apply the law to your specific facts in Passage West and the wider County Cork area.