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Do I have any consumer rights?

  • 27-08-2011 10:31am
    #1
    Closed Accounts Posts: 1


    I bought my first car from a reputable garage. Its a 1 litre 99 opel corsa. On purchasing the vehicle the garage owner said the car was perfect apart from the tracking, which he said he would repair. He did not.

    A few days after taking the vehicle home, there was an awful noise coming from the car. Less than a week later the clutch went in the car.

    Am i legally entitled to have the clutch and tracking repaired. On buying the car the garage owner made me sign a document saying I have no guarantee on the car.

    I am 19 and in a low paying job. I do not have the money to repair the car. Have to pay for insurance and tax also. The reason I choose to buy from a reputable garage and not a private seller, was to protect myself from something like this happening.

    Do I have any consumer rights at all?
    Appreciate any help on this matter.


Comments

  • Closed Accounts Posts: 354 ✭✭MapForJ


    Kelsey92 wrote: »
    I bought my first car from a reputable garage. Its a 1 litre 99 opel corsa. On purchasing the vehicle the garage owner said the car was perfect apart from the tracking, which he said he would repair. He did not.

    A few days after taking the vehicle home, there was an awful noise coming from the car. Less than a week later the clutch went in the car.

    Am i legally entitled to have the clutch and tracking repaired. On buying the car the garage owner made me sign a document saying I have no guarantee on the car.

    I am 19 and in a low paying job. I do not have the money to repair the car. Have to pay for insurance and tax also. The reason I choose to buy from a reputable garage and not a private seller, was to protect myself from something like this happening.

    Do I have any consumer rights at all?
    Appreciate any help on this matter.

    why did you sign that document?


    http://www.consumerconnect.ie/eng/Hot_Topics/Guides-to-Consumer-Law/Buying-a-car/

    Ring their advice line 1890 432432


  • Registered Users, Registered Users 2 Posts: 25,620 ✭✭✭✭coylemj


    Kelsey92 wrote: »
    On buying the car the garage owner made me sign a document saying I have no guarantee on the car.
    Kelsey92 wrote: »
    The reason I choose to buy from a reputable garage and not a private seller, was to protect myself from something like this happening.
    .

    Those two messages are in total conflict........

    1. I signed away my rights

    2. I wanted to cover my ass by buying from a man dealer...

    In the real world you take your chances and dispense with consumer rights by buying privately.

    When you buy from a dealer you get some protection, what you did is to get the worst of both worlds i.e. you paid over the odds and have no come back.


  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    A private buyer can only sign away their rights in very limited circumstances. There are very specific rules regarding the sale of cars and the condition which they must be in when leaving the dealers premises. I would expect the value of the car is within the limits of the Small Claims Court.


  • Registered Users, Registered Users 2 Posts: 7,786 ✭✭✭slimjimmc


    Wouldn't it depend a lot on what that document stated?
    If it's an acknowledgement the car has defects then as far as consumer law is concerned you were made aware of these before purchase and so haven't a leg to stand on. However that might require the document to state what these defects are. If the waiver doesn't mention the clutch (or transmission) and if it can be shown that the dealer should have known the clutch was on the way out then I guess you could have a claim.

    The condition of the car and the price you paid for it would likely influence the value of any compensation if any is due.

    It is also illegal to sell an unsafe vehicle to a consumer without making it clear to them that the car is unsafe. The question is, would a failing clutch be considered unsafe and a danger to its occupants and others?


  • Registered Users, Registered Users 2 Posts: 219 ✭✭page1


    This garage is not a reputable garage. Garages will usually sell second hand cars with a 6 month warranty. This guy saw you coming a mile off and took advantage.

    Ok first off, he said he would fix the tracking so dont let him fob you off with this document you signed, he had already agreed to fix that.

    Secondly the clutch, did you notice a problem with the clutch when you test drove the car? Was the problem only apparant after a few days?

    He could argue that he didnt know it was going. A clutch will cost you about €100 (look up micksgarages.ie) but its the fitting that is going to cost you.

    My advice is to contact the National Consumer Agency for advice. They have sample complaint letters on their website. Send the garage a very strongly worded letter looking for the tracking to be fixed and a new clutch fitted. If he refuses then it will only cost you €15 to take a claim to the small claims court.
    Alternatively you could purchase a clutch yourself and try and get him to cover the cost of fitting it. He can argue he didnt know it was on the way out but seeing as it happened so quickly after you purchased it its possible he did - argue the toss with him anyway.

    Im sure he is hoping given you are so young that you will go away without a fight - DONT.

    I have worked for a few years in 2 large main dealerships and this is not the way reputable garages operate.


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