bporeilly  
Gavel

B.P. O'Reilly

Legal Services For Individuals

Legal Services For Business


Paid €25,000 for unroadworthy car

I got a car on finance in June for €25,000. In the first month the fuel pump and injectors went. Two weeks to fix the car – had it back – a week later air conditioning went and still waiting to get it fixed. Now the head gasket has gone. I have asked for a similar car in exchange and was told by the garage that they had spoken to the finance company and they said that the car would not be changed, that I should not have been given finance in the first place. Where do I stand legally – I paid €4,000 deposit and I want a reliable car.

Clearly you have a case against the garage and unfortunately your claim would exceed the jurisdiction of the Small Claims Court which is €2,000.

It would be nice to be able to bring a claim against the finance company but it depends on how the deal is structured.  If you have simply borrowed money against the car then you cannot bring a case against the finance company.  If, on the other hand, you have a hire purchase agreement or a lease then you will effectively have taken your legal title from the finance company and not the garage.  They are likely to be responsible to you as seller/hirer/lessors of the car under the Sale of Goods and Supply of Services Act. 

Before you go any further, however, you should have the car assessed by an automotive engineer who should prepare a report setting out exactly what is wrong with the vehicle.  You should also take a close look at the finance agreement to see if it is a hire purchase agreement or a lease agreement on the one hand or whether it is simply a loan agreement. 

The listener can find an automotive engineer in the Golden Pages or through the AA www.theaa.ie and bring the report to your solicitor for action.

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.

Newstalk latest


B.P.O’REILLY & COMPANY SOLICITORS & NOTARIES ARE LAWYERS BASED IN DUBLIN IRELAND SPECIALISING IN LEGAL AND NOTARY SERVICES FOR BUSINESSES AND INDIVIDUALS WHO NEED ADVICE AND REPRESENTATION IN LOCAL, NATIONAL AND INTERNATIONAL CASES.

HEAD OFFICE: B.P O'Reilly & Co. Solicitors, Coric House, Main St, Tallaght, Dublin 24, Republic of Ireland.

Telephone: (01) 4525211      Fax: (01) 4525436

[International (+353-1) 4525211 Fax: (+353-1) 4525436]         

 E-mail: general@bporco.ie

© B.P.O'Reilly & Company Solicitors 2002-2008.

The information contained in this website is of a general nature and should not be relied on in every circumstance
involving what is written and/or said involving the services of B.P.O'Reilly & Company. Consequently, no responsibility will be taken by the site promoters as to the accuracy of its contents. If you have a specific query please contact B.P.O'Reilly & Company.