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Rights of Refund for Defective Car

Sandra’s son 21 bought a car that he say advertised on a website. The garage said that the car was NCT for 2 years. When he went to the garage to buy the car he was told that it wasn’t actually tested but if Sandra’s son got the car tested the owner woul

Sandra’s son 21 bought a car that he say advertised on a website.  The garage said that the car was NCT for 2 years. When he went to the garage to buy the car he was told that it wasn’t actually tested but if Sandra’s son got the car tested the owner would pay for it.  He paid the garage €3,600.00.  On the third day of driving it the wheels became loose.  They brought the car back to the garage and were told it was totally wrecked and ordered to pay €1,600.00 to fix it.  Sandra and her son refused to pay the money.  A year later the problem has never been sorted. 

This car is clearly un-roadworthy and under the Sale of Goods & Services Act you are entitled to your money back.  In addition to that it is clear from the contract that it was conditional on having the car tested and passed – this didn’t happen and any money paid on foot of this conditional contract is refundable. 

My worry about this is that you are dealing with a cowboy garage.  Will you be able to get the money back even if you go legal on it? 

Again there is no Regulator looking after the interests of consumers in the motor industry but all you can do at this stage is get an engineer’s report on the car outlining exactly the defects (the AA or other organisations can do this for payment of a reasonable fee) and bring that report with the other sale documents to your solicitor and ask him or her to issue Court proceedings against these people.

 

 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

 

 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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