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Turbo Defect hidden on sale

Hi Guys. I bought a car from a dealer. I arranged to take a test drive and it was fine. I gave a deposit. When I went back to collect the car it was started and I foolishly thought they were warming it up, as it was bitterly cold. I now know they blatantly did this to cover up a fault with the turbo which rattles for twenty minutes before it warms up. I am devastated and the garage are treating me as if I am a fool, not returning calls and avoiding me. Please advise me. Noel. Thanks.

Hi Noel.  It is clear that the garage knew about this fault and tried to conceal it.  The good news is that you are protected under the provisions of the Sale of Goods and Supply of Services Act in that for a consumer contract a seller is obliged to sell goods that are of merchantable quality and reasonably fit for the purposes for which they are intended.

 

The only slight doubt I might have about your rights is that if you got a particular bargain that reflected the defect in the car and that the price was way under normal market value. 

 

The first thing to do is get an engineer’s report on the car.  This can be done through an online service such as www.cartell.ie or the AA.  When you get the engineer’s report bring it to the garage and demand satisfaction.

 

If they don’t satisfy you within seven days, if the claim is less than €2,000 you can bring the case to the Small Claims Court - www.courts.ie .  If it is more than that amount you should see a solicitor because your claim will not just include the cost of repair but also the cost of hiring another car while yours is off the road being repaired and general damages for breach of contract.  My view, given the conduct of the garage in trying to conceal the defect from you, I believe the general damages would be significant.

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