Mary Brassil looks at what legal rights you have when buying a second-hand car either in a private sale or from a dealer
The second-hand car you've just bought grinds to a halt as it is driven out of the garage. Who is responsible? Your rights and the likelihood of obtaining satisfactory redress depend very much on who you bought the car from.
When you buy a second-hand car from a car dealer you enter into a contract with that dealer (the terms are in the document you sign).
When buying an older second-hand car the dealer or manufacturer may not provide you with an express warranty. This does not take away the dealer's responsibility to you. You are entitled to rely on your statutory rights against the dealer (or finance company if you buy on hire purchase).
Where you are buying as a consumer (so, not for business purposes) the law, as stated in the Sale of Goods Act, implies certain conditions into the contract which apply to the seller.
While the prices of the cars advertised by private sellers may look attractive, beware of the possible pitfalls. If you buy a second-hand car privately you don't get the same legal rights as when buying from a dealer. The legal principle of caveat emptor or "buyer beware" operates.
When you buy a second-hand car from a dealer or a private seller there is a statutory implied condition that at the time of delivery the car is free from any defect which would render it a danger to the public.
A dealer should give you a certificate for this. This implied condition may not apply if you agree in writing with the seller that the car is not going to be used in the condition in which it is delivered (except where such agreement is not fair and reasonable).
If the car turns out to be dangerously defective you can treat the contract as repudiated and demand a full refund or damages (which could be more than the price of the car, in some cases).
When you buy a car you are entitled to expect that the seller owns the car. If there is any restriction on ownership (such as outstanding hire purchase payments) this must be made clear to you.
When you buy from a dealer the car should be of merchantable quality, fit for its intended purpose and as described. You must consider the age, price, mileage, description applied and all other relevant circumstances when trying to decide whether it is of merchantable quality.
The implied term of merchantable quality does not apply to any defect (other than dangerous defects) which has been brought to your attention by the dealer or which you should have noticed, assuming you had an opportunity to inspect the car before the sale. If the car breaks down in an unreasonably short time after you bought it, it is less likely to have been of merchantable quality at the time of sale.
When you buy from a private seller you have no rights to expect that the car is of merchantable quality or fit for its purpose. You should arrange for your mechanic or an organisation such as the AA to inspect the car.
You should request the vehicle registration certificate and the vehicle licensing certificate. If the vehicle was previously registered outside the state and imported as a used car, make sure the correct VRT and VAT liability was declared and paid on importation. Any outstanding liability could become your liability as the new owner.
There is a statutory implied warranty that spare parts and adequate after sales service will be made available to you in accordance with what is stated in the offer, description or advertisement by the dealer on behalf of the manufacturer or on his own behalf.
Any materials used in the repairs must be of merchantable quality and fit for their purpose. The mechanic must service the car with proper care and diligence.
What redress or compensation are you entitled to when things go wrong? If a defect (not being a trivial one) is discovered soon after purchase, you may be entitled to reject the car and seek a full refund from the dealer provided you act promptly on discovering the defect.
If the car has been used for a period of time or you have delayed in complaining then you are entitled to have the car repaired.
If the dealer refuses or fails to repair the car in a reasonable period of time you may be entitled to reject the car, or have the defect repaired elsewhere and claim the cost of the repair from the dealer.
You have no right of redress in relation to any defects which were specifically brought to your attention, or which you should reasonably have noticed when you examined the car before you bought it.
If you have a complaint you should first contact the seller. If direct negotiations fail, you may wish to refer the matter in dispute to an independent body such as the Motor Industry Standards Tribunal, or contact the Office of the Director of Consumer Affairs. You are entitled in any case to pursue your complaint in court.
Buying a second-hand car out of warranty from a dealer means you will have to avail of your statutory rights where things go wrong.
Buying from a private seller does not afford you the same legal rights as when buying from a dealer.
Mary Brassil is a senior solicitor in the Corporate Department of McCann FitzGerald