Small Claims - Used Car Question

SteveD92

Hi - I recently bought a Used Car from a Dealership based in Drogheda. It entirely broke down and the mechanic has shown evidence of cheap sealer being used to stop oil leaks, signs of a reconditioned engine not communicated at time of sale etc. I understand my rights are stronger having bought from a dealer. There was no warranty at the time of sale but as far as I'm aware this doesn't affect Stat. rights.

I am keen to take this to the Small Claims Court to pursue the dealer for the costs of the repair. My question is can I pay for the repair now as I am inconvenienced without the car, and then subsequently recover the costs. Or do I have to leave the car not repaired until the process is complete and seek the cost of repair after?

Thank you

Pro Hoc Vice

SteveD92 wrote: »

Hi - I recently bought a Used Car from a Dealership based in Drogheda. It entirely broke down and the mechanic has shown evidence of cheap sealer being used to stop oil leaks, signs of a reconditioned engine not communicated at time of sale etc. I understand my rights are stronger having bought from a dealer. There was no warranty at the time of sale but as far as I'm aware this doesn't affect Stat. rights.

I am keen to take this to the Small Claims Court to pursue the dealer for the costs of the repair. My question is can I pay for the repair now as I am inconvenienced without the car, and then subsequently recover the costs. Or do I have to leave the car not repaired until the process is complete and seek the cost of repair after?

Thank you

Have you asked dealer will he repair the car?

SteveD92

Thanks for your reply. Yes, simply came back saying "Sold as Seen" and refused to make any contribution to the repair.

It's quite clear that those statements aren't binding, and don't affect statutory rights. I am willing to take this to the SCC, but I am not sure if am allowed to recover the cost of the repair I incur now if I decide to pay for the repair and seek the costs during the claims process?

Thanks

MarkAnthony

You're looking for legal advice which can't be given here. Your best bet would be to contact FLAC for some advice.

Losty Dublin

You bought a car that was clearly second hand. Did you get it inspected by a mechanic pre sale?

Atlantic Dawn

Does the dealer have a proper premises or are they someone selling cars on the side?