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NCA guide to buying a car

Introduction

Buying a new car is normally a fairly straightforward process. But if you're buying a second-hand one, all the information you require will not be in a shiny brochure, so you will need to ask some key questions.

Second-hand cars can be described in a number of ways:

  • Used
  • Nearly-new
  • Second-hand
  • Pre-owned
  • Ex-lease etc
  • Demonstration model

But the one thing that all of these have in common is that someone has used the car before. For this reason, you need to be extra vigilant and well informed about the car's condition.

Find out more about your consumer rights and prices below.

Your rights

Your rights depend on whether you are buying the car from a trader or from a private individual.

  • A trader is generally referred to as a "dealer", and buys and sells cars as part of their business
  • A private seller generally has only one car to sell, and is not selling it in the course of a business

In general, if you are buying a car for private use from a dealer, you are fully protected by consumer laws, which also give you the right to take legal action if your rights are not upheld.

Private sales

But the same consumer rights do not exist when you are buying a car privately, as the seller is not acting in the course of a business. So you need to be more careful and well informed before buying a car in this way.

Similarly, if you are buying a car/jeep/van for your trade, business or profession, you may not be covered by consumer law.

Responsibilities of seller and buyer

Both buyers and sellers have responsibilities in car deals.

Sellers' responsibilities

  • It is an offence under both road traffic legislation and the Sale of Goods and Supply of Services Act to sell a car to a consumer which is not roadworthy
  • The Sale of Goods and Supply of Services Act 1980 also requires that any car sold by a dealer - whether new or used - should be:
    • Of merchantable quality (this means a reasonable, acceptable quality given what was said about it and taking into account the age and history of the vehicle)
    • Fit for the purpose it is intended to be used for
    • As described
    • Roadworthy

Misleading information

It is an offence under consumer legislation to provide false or misleading information to consumers in commercial transactions.

A car dealer must not give misleading material information in relation to any aspect of the car, including its history (such as if the car has been in a crash or "clocked"), its specification, the need for any repair or other work required and so on.

A dealer must also not give misleading information about themselves, such as information about:

  • Any after-sales assistance they will provide
  • Any approval, authorisation or endorsement they claim to have
  • Their commitment to a code of practice

Withholding, omitting or concealing any material information regarding the main characteristics of a car is also an offence. These offences amount to added protection for consumers if they already know what questions to ask.

Remember, though, that a private seller cannot be expected to know as much about the car as a dealer would, and consumer protection legislation generally does not cover private sales.

However, any seller is still required to give you accurate and truthful information to any questions that you ask. There is no obligation on a private seller to offer up any information freely, so the key thing is to know which questions to ask in the first place.

Our booklet on buying a car includes advice on these questions, and a checklist for buyers.

Buyers' responsibilities

  • Buyers have a responsibility to protect themselves by checking the relevant facts before entering any contract

As long as you ask the right questions, note the answers or get them in writing, and know your rights - you should have the tools at your disposal to challenge a seller if things go wrong.

If a car is not covered by some kind of warranty scheme, it may be in your best interests to have it checked by a mechanic before you buy.

If the car does come with a warranty, check out what exactly is covered to avoid any nasty shocks later.

Shop around

As buying a car is one of the bigger financial commitments a consumer will make in their lifetime, this is all the more reason to shop around to get the best deal possible.

It is important to do your research in the following areas:

  • Financial arrangements – if you are not a cash buyer, research the various financial packages available to you and know the details and cost of any agreement before entering into it
  • Cash price – if you are a cash buyer, shop around for the best price and specification you can get for the car you want
  • Trade-in – although you may be offered what looks like a good trade-in price, it is the difference between this and the cash price of the car that is important. This is known as the “cost of changing”, and remember that the best trade-in price does not necessarily mean the best cost of changing

If something goes wrong

If you have a genuine grievance after buying a car, whether new or used, you should first complain to the seller to see what remedy they will offer.

The seller (a garage/dealer, but not necessarily a private seller) is always responsible for putting things right if they go wrong. The car may still be under warranty and they may be willing to repair the fault or offer compensation.

If you are buying from a dealer, find out if they are a member of a recognised trade association such as SIMI (the Society of the Irish Motor Industry). Then check if the association has an arbitration scheme or code of conduct to help resolve any problems, or can supply information on how it deals with complaints.

Small Claims process and legal action

If no arbitration scheme or code of conduct exists, you may wish to take legal action, which could involve hiring a solicitor.
For claims against a dealer of up to €2,000, you might consider taking the matter to the Small Claims Court for a small fee (the €2,000 limit applies to the value of the work to be done rather than the value of the car).

This is a relatively cheap, fast and easy way for consumers to resolve some types of dispute without having to use a solicitor.

Remember, though, that a consumer cannot take a case in the Small Claims Court against another consumer, so this is only an option if you bought from a dealer rather than from a private individual.

If a private seller has given you information which they know to be false and you are out of pocket as a result, you may be able to take legal action against them. In this situation you may need to seek legal advice.

Clocking

"Clocking" is the practice of changing the genuine odometer reading of the car in order to make the car seem a more attractive proposition.

The odometer is a "clock" which tells you how many miles or kilometres the car has done.

According to Sustainable Energy Ireland, the average annual mileage on privately owned petrol cars in Ireland is about 10,000 miles (16,000 km), or about 15,000 miles (24,000 km) for diesels.

So if the car has a mileage substantially lower than this, but also shows signs of heavy wear and tear, for instance on the seat covers, pedal rubbers or gear knob, always be on your guard.

Report car clocking

If you have evidence that a car has been clocked, report this as soon as possible to us on LoCall 1890 432 432, on 01 402 5555 or through our website.

Any delay in reporting it may affect our ability to take action.

The National Consumer Agency's aim is to contribute to stamping out this practice through raising consumer awareness, prosecuting offences, liaising with the industry and in any other way we possibly can.

Car servicing and car repairs

Despite some big reductions in prices for new cars across the motor industry, many consumers are deciding against trade-ins and are holding on to their cars for longer. While this may save money in the short term, as your car gets older, you will need to spend some money to keep your car in good working order.

There is plenty of competition out there for car servicing and repairs. So don't be afraid to pick up the phone or go online and shop around for quotes to find the best value.

Legal requirements

As a car owner, you are responsible for ensuring your car is in a roadworthy condition. It is illegal, for instance, to drive a car:

  • With tyres that are below the minimum standard thread depth of 1.6 mm
  • With defective lighting or
  • Which doesn't display compliant licence plates

Cars that are more than four years old must undergo an NCT test. Failure to display a valid NCT cert can result in up to five penalty points and this has led to a surge in requests for the test.

Most cars fail the NCT test due to issues like headlight alignment, exhaust emissions and problems with brakes. These issues can normally be identified and put right during a regular service.

Servicing

Some car owners might try to economise by cutting back on how often their cars are serviced. Consumers need to ensure that their cars are roadworthy so cutting back on car servicing, repairs, or not replacing tyres and other spare parts when they are due for replacement, is likely to be a false economy. It could also lead to the law being broken (for instance, excessively worn tyres) and may ultimately be dangerous.

  • Service intervals: Each model of car comes with a manufacturer's recommended schedule for routine servicing and you should try to service your car as close to these intervals as possible to keep it in its best condition.
  • Main dealer service: Manufacturers recommend that you have the car serviced at one of their main dealers but you do not necessarily have to do this. Check first if your warranty is dependent on the car being serviced with a main dealer. If it isn't, or the car is outside the warranty period, you are free to shop around for the best deal.

Many main dealers advertise services for all makes and models of vehicle for a set price. Before you sign up for a deal like this, check what is included in the set price and do your research to get the best value. And remember, don't be afraid to haggle about the price before you give them your business, even with big motor dealerships.

Pre-NCT test

Many garages now offer what's called a pre-NCT test. This test should cover all the items which will be checked during the NCT test itself and any potential problems should be brought to your attention. However, you may find that this test will not guarantee that your car will pass the NCT itself. It is also possible that some of the recommended work may not be necessary to pass the NCT.

The NCT costs €50 and a retest for a failure costs €28 - a retest that only requires a visual inspection is free. Before deciding to do a pre-NCT, weigh up the likelihood of your car failing - routine servicing over its lifetime and a recent service leading up to the NCT should mean your car will not be in bad shape.
If you do decide on a pre-NCT, remember that you are only paying for the test (although, some are free) and not for any repairs to potential problems it identifies. This also means that you do not have to get any suggested work done by the same person or garage that carried out the test. You are free to shop around for the best deal you can get.

Freelance mechanics

More freelance or self-employed mechanics are advertising their services online, on notice boards in shopping centres and in the small ads in the newspapers. Some offer to repair your car on-site, at your home or in your workplace.

Some motorists use so-called "black economy" or "backstreet" mechanics, who deal in cash only and usually don't issue receipts but:

  • Be aware that without a proof of purchase, you may find it difficult to take the matter further if you run into problems later
  • Only ever employ a "back street" mechanic on the recommendation of someone you trust
  • Be very cautious about getting your car repaired by people who have no premises, or trading address

No matter where you get the service done, you should always ask if the work will be covered by a written guarantee. If it isn't, you might consider taking your business elsewhere.

Be clear

You should be clear with the garage or mechanic about what you want done. Make sure they know not to do any additional work on the car without consulting you. If you are specifically asking them to do anything more than a routine service, such as replacing a windscreen, get them to quote you first for the parts and labour then decide whether you want them to proceed. If you are getting your car serviced in advance of the NCT, tell the garage or the mechanic and ask them to advise you on anything you may need to address.

Quotations

If you are looking for repairs to be done to the car, ask for a detailed quotation for the work they will carry out and what this will cost. Do not settle for an estimate, which is simply an initial guess at the cost of the work and which could end up costing you much more once the work is done.

A written quotation can be referred to later in case of any dispute so always check the quotation carefully before agreeing to the work to see what is included in it - labour, parts, VAT etc. Don't be afraid to ask questions if you're not clear on anything, particularly about spare parts and the necessity to replace them. It is illegal for a trader to claim work needs to be carried out when in fact it doesn't, so don't be afraid to get a second opinion if you think some work may be unnecessary.

Insurance

If repair work is to be covered by an insurance claim you will need to submit a quote to your insurance company before the work is carried out. The insurer will generally appoint an assessor to review the amount in the quote.

In many cases, the assessor will negotiate the figure and may deem some of the repair work unnecessary. When the work is completed, you should be provided with a detailed invoice, showing parts, labour and VAT.

Tyres

The legal minimum standard thread depth for tyres in Ireland is 1.6mm and a visual inspection will generally tell you when you need to start thinking about replacing them. Another indicator of wear is if you feel less grip and more noise being generated from the road when driving. If your car tends to shake above a certain speed, this may be caused by excessively worn tyres and you should attend to this immediately.

Many tyre problems are caused by incorrect inflation - over-inflation can cause excessive wear to the centre of the tyre while under-inflation can wear the edges and sidewalls. You should check the tyre pressure regularly to ensure they are inflated correctly. A routine check of the tyres should also be carried out by whoever is doing the service on your car and they should advise you of any potential problems.

There is a lot of competition in the tyre market at present with some companies offering "buy four, pay for three" deals. So shop around, online or by phone and you will find that you can save a lot of money. Always ask them to quote you their "best price" and don't be afraid to haggle. Most companies will have both branded and "generic" tyres (tyres made by the big manufacturers under a different brand name). Generic tyres are generally cheaper but may not give the same level of performance. However, as required by law, they should always meet minimum safety standards.

As the front tyres of a car wear quicker than the rear, some people and garages swap them around (put the front tyres on the rear and rear tyres on the front) to extend the time they can leave them on the car. When shopping around, ask if the items being offered are "directional" tyres. These tyres are generally made to rotate in one direction and this can affect their ability to be swapped around.

Breaches of consumer law

Consumer legislation can be breached in several different ways by those carrying out repairs or routine services on cars, for example:

  • They claim to be a member of a trade association when they are not
  • They claim to have some industry approval for the work they do when they do not have such approval
  • They claim that work needs to be done or new parts are needed when this is not the case

If you have evidence that a breach of consumer law has taken place you should let the NCA know the details.

Complaints

If you encounter a problem with a routine service or repairs being carried out on your car, in the first instance you should complain to the person or garage which carried out the work. Ask what they will do about putting things right - if the work was done by a garage, you should complain to the manager.

If you are not satisfied with the response you get, and the person or garage is a member of a trade association - for example the Society of the Irish Motor Industry (SIMI) - you could consider taking the matter up with that association. If there has been a breach of consumer law you should complain to the NCA.

If you are not getting anywhere with either the person, the garage or the trade association, you might consider taking the matter to the Small Claims Court. This Court deals with disputes up to a value of €2000 for a fee of €15 and there is no need to hire a solicitor.

Among the problems you may wish to complain about to the person or garage which did the work are:

  • Replacement parts failing a short time after the service or repair
  • Generic (sometimes called "spurious" parts in the trade) being used if you specified you wanted genuine manufacturer parts
  • Second-hand parts being used instead of new parts
  • Additional work being done without prior approval from the car owner
  • The final bill varying considerably from the quotation
  • Misinformation about the need to change a vital part - such as a timing belt - after a certain number of miles
  • The service is not complete at the time specified and there is no communication about the delay
  • If the car fails the NCT for an issue which should have been picked up in a pre-NCT test
  • If there is damage to your car which wasn't there before the work - always check around the car before you drive off and raise any issues immediately

Return to the web version of our guide to buying a car