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. Examples include rolling back an odometer, hiding accident or write off history, misdescribing a car as one owner when that is untrue, advertising features the car does not have, concealing serious defects, selling a car with outstanding finance without disclosure, or making false promises about warranties or service histories. Residents of Passage West are protected by national Irish consumer law. Your rights do not change by town, but the practical steps you take can be local, such as contacting a nearby mechanic or engaging a solicitor in County Cork.

Irish law gives consumers strong rights when a car is not as described or not of merchantable quality. Depending on the facts, you may be entitled to repair, replacement, a price reduction, rescission and refund, or damages for misrepresentation. Odometer tampering is a criminal offence in Ireland. Unfair commercial practices such as misleading ads or aggressive sales tactics are prohibited. If you bought online or off premises, distance selling rules may give you a cooling off right to cancel within a set period. If you acquired the car under hire purchase or PCP, the finance provider usually owns the car until the final payment, and you may have direct rights against that provider.

Why You May Need a Lawyer

You may need a lawyer when a dealer refuses to put things right, when the facts are complex, or when the amount at stake is significant. Legal help is useful for assessing whether a fault amounts to a lack of conformity, framing a strong written complaint, preserving evidence, and choosing the right forum for your claim. A solicitor can advise on whether to seek repair or replacement first, when you can move to a refund, and how to quantify losses such as transport, inspection, or hire car costs.

Lawyers are particularly helpful in cases of alleged misrepresentation, odometer tampering, cut and shut vehicles, hidden write offs, or cloned identities. Finance agreements add complexity. With hire purchase or PCP, your contract is with the finance company and the correct defendant may not be the showroom that handed over the keys. If a dispute escalates beyond a low value claim, or if you need injunctions, expert engineering evidence, or to engage with a criminal investigation, legal representation can protect your position.

Local Laws Overview

Consumer Protection Act 2007. This prohibits unfair commercial practices, including misleading actions and omissions. Advertising a mileage, ownership history, condition, or price that misleads the average consumer can breach this Act. Aggressive practices are also banned. The Competition and Consumer Protection Commission is the main enforcement body.

Consumer Rights Act 2022. For consumer sales, vehicles must conform to the contract. They must match the description, be of merchantable quality given age, mileage, and price, and be fit for purpose. If a car is non conforming, initial remedies are repair or replacement within a reasonable time and without significant inconvenience. If that fails, you can seek a price reduction or rescission with refund. For faults that appear within a defined initial period, the burden of proof can shift to the trader. Second hand status is considered, but a car should still be roadworthy and as described.

Sale of Goods and Supply of Services Act 1980. This older law still informs quality and description standards and operates alongside the 2022 Act for certain contracts and time limits. Implied terms on quality, fitness, and correspondence with description apply to motor sales to consumers.

Misrepresentation in Irish law. If a dealer makes a false statement of fact that induces you to buy, you may rescind the contract and claim damages. Remedies vary depending on whether the misrepresentation was innocent, negligent, or fraudulent. Evidence of the statements made is critical.

Odometer tampering. Tampering with a vehicle odometer or selling a clocked car is a criminal offence in Ireland. Suspected clocking can be reported to An Garda Siochana and the CCPC.

Distance and off premises sales. If you bought the car online or away from the dealer premises, you may have a 14 day right to cancel, with conditions. You must take care of the car and may owe for any diminished value due to handling beyond what is necessary to check the car. This right does not usually apply to in premises purchases.

Finance agreements. Under hire purchase and PCP, ownership remains with the finance company until completion. You usually assert breach of contract or misrepresentation against the finance provider, and the provider must handle conformity remedies. Different rules apply to voluntary termination or arrears. Read your agreement carefully.

Time limits. Many contract claims must be issued within six years in Ireland, but procedural and criminal timelines can be shorter. Act promptly and get advice early so evidence is preserved and deadlines are met.

Frequently Asked Questions

What is considered auto dealer fraud in Ireland

Common examples include odometer rollback, hiding that a car is a write off, misdescribing a vehicle as accident free, falsely claiming full service history, advertising features the car lacks, selling a car with undisclosed finance, and refusing to honor promised warranties. Any misleading or deceptive practice that induces a purchase can be a breach of consumer law and may be a criminal offence.

Do I have the same rights if I bought a used car

Yes, but quality is judged in context. A used car must be as described, roadworthy, and fit for its normal purpose given age, mileage, and price. A 10 year old high mileage car will not be held to the same standard as a nearly new one, but it must still be safe and match what was promised.

What are my remedies if the car is faulty

You can usually insist on repair or replacement first, within a reasonable time and without significant inconvenience. If that fails or the defect is serious, you can seek a price reduction or rescind the contract for a refund. Damages may also be available for losses such as inspection costs or alternative transport, depending on the facts.

How do I prove misrepresentation or fraud

Collect evidence. Keep the advertisement, screenshots, emails, texts, and sales paperwork. Record who said what and when. Get an independent mechanic report. Obtain a vehicle history report. Keep NCT results and photographs. Preserve mileage logs, service book entries, and any diagnostic data. Contemporaneous records carry weight.

Can I reject the car immediately

It depends on the seriousness of the defect and the law that applies to your contract. You often need to give the dealer a reasonable chance to repair or replace. For significant non conformity or where repair is impossible or disproportionate, moving directly to a refund may be justified. Seek advice before rejecting, and put your position in writing.

What if I bought the car online from a dealer

Distance selling rules may give you a 14 day cooling off right from delivery to cancel without giving a reason, subject to lawful deductions for use or diminished value. This applies to dealer sales, not private sellers. You must notify the dealer within the cooling off period and return the car. Always check the terms and statutory rights.

What if the car was bought on hire purchase or PCP

The finance company is usually the legal owner until all payments are made. Your rights for non conformity or misdescription are often against the finance provider as well as the supplying dealer. Do not stop payments without advice. Contact the finance company promptly and follow its complaints process.

Can I use the Small Claims procedure

For low value consumer disputes against a business, the Small Claims procedure in the District Court offers a low cost and informal route. It is suitable for straightforward claims such as a deposit dispute or minor repair costs. For larger or more complex fraud cases, you may need a full court claim with legal representation.

Is odometer rollback illegal in Ireland

Yes. Odometer tampering and selling a clocked car are criminal offences. If you suspect clocking, report it to An Garda Siochana and notify the CCPC. Keep your evidence safe and avoid altering the car before it can be inspected.

What are the time limits to bring a claim

Contract and misrepresentation claims generally must be brought within six years, but complaint and enforcement timelines can be shorter. Criminal investigations have separate time rules. Act quickly, send written complaints early, and take advice so you do not miss a deadline.

Additional Resources

Competition and Consumer Protection Commission. National regulator for consumer law. Provides guidance on buying cars, unfair commercial practices, and complaint routes.

An Garda Siochana. Report suspected criminal conduct such as odometer tampering, theft, or cloned vehicles.

Road Safety Authority and NCT service. Information on roadworthiness and test history. Keep your NCT records for evidence.

Society of the Irish Motor Industry. Trade body with a code of ethics. If your dealer is a member, you can use its complaints process.

District Court Small Claims. Informal court route for low value consumer disputes against businesses.

Legal Aid Board. Information on civil legal aid eligibility and how to apply if you qualify.

Independent vehicle inspection services and qualified mechanics in County Cork. An expert report can make or break a case.

Next Steps

Stop and document. Write down a timeline of what happened. Save the advert, contract, and all messages. Photograph defects and dashboard readings. Do not undertake major repairs without first notifying the dealer unless safety requires it.

Notify the dealer in writing. State the issues clearly, reference your consumer rights, and set a reasonable deadline for response. Ask for your preferred remedy such as repair, replacement, or refund. Keep your communication professional and factual.

Get an independent assessment. Arrange a written report from a qualified mechanic or engineer in the Cork area. A neutral opinion on fault, cause, and safety is valuable.

Check your finance position. If the car is on hire purchase or PCP, inform the finance company and follow its complaints process. Continue payments unless advised otherwise to avoid default.

Escalate if needed. If the dealer does not resolve the matter, consider the Small Claims procedure for modest sums or instruct a solicitor for larger or complex cases. You can also report suspected unfair practices to the CCPC and criminal conduct to An Garda Siochana.

Consult a solicitor. A local solicitor with consumer and motor law experience can assess your evidence, draft a robust letter before action, advise on prospects, and represent you in negotiations or court. Acting early often leads to faster and better outcomes.

Preserve the car. Keep the vehicle available for inspection. Avoid modifications that could obscure evidence. Maintain a log of all costs and losses that you may seek to recover.