Buying a used car seems like a straightforward process; you scan the classifieds and online marketplaces, find a car you like, contact the seller, view the car, hand over your money, and away you go! However, it's not always happily ever after.
So here are a few things you should consider before buying a used car – including your consumer rights:
Research & private sellers
Private sellers advertise used cars through third-party auction websites, online marketplaces or in the small ads section of newspapers and car magazines. If you choose to buy a used car from a private seller, make sure to ask if the car was bought under a hire purchase (HP ) or Personal Contract Plan (PCP ) agreement. If the current owner bought the car by HP or PCP, they do not own it until they have made the final payment to the finance company. Check that all payments have been made so that the car now belongs to the seller (not the finance company ) and they have a right to sell it.
If you buy from a private seller, you also have very few legal rights. Consumer laws only apply to deals between a consumer (a person who buys a good or service for personal consumption ) and a trader (a person acting for purposes related to their trade, business or profession ). It does not apply when you buy from a private individual who is not a trader, for example, someone who is selling their own car to you but who does not sell cars as a profession.
Buying from a dealer
When you buy a used car from a trader, you have a number of rights under consumer law. Garages and car dealers must treat you fairly, whether they are selling from a business premises or online. They must make sure the car is safe and must give you enough information to make a decision based on facts.
Find out if the trader has a good reputation by asking other people or by checking online reviews. You can check if the trader is a member of an association such as the Society of the Irish Motor Industry (SIMI ). Members must follow the SIMI code of ethics. This includes doing checks on second-hand vehicles and sorting out any issues that arise. You can check the list of SIMI members online.
Before you buy from a garage or a car dealer, you should:
Ask about the history of the car and the number of previous owners. Many dealers will provide a report on this.
Ask if a written warranty (or guarantee ) is available.
Check the car for wear and tear. For example, check the tyres, wheel arches, oil, seatbelts, lights and wipers. The trader should point out any defects or problems to you before you buy.
Get the necessary documents. You should ask for an NCT cert (if the car is over four years old ) and a Vehicle Registration Tax (VRT ) certificate (if the car is imported ). Ask for the car’s service book and the handbook or manual.
Check the odometer reading (the measure of distance travelled ). Previous odometer readings are printed on the NCT certificate and the most recent NCT reading is shown on the NCT disc. Compare this with the reading that is currently on the car’s dashboard odometer. If the distance shown on the disc is higher than the one on the odometer, it may mean the odometer has been altered (clocked ).
Ask for two sets of keys for the car and a signed receipt for payment.
Buying at auction
If you buy at an auction you don’t have the same rights if the car is ‘sold as seen’. You cannot hold the auctioneer responsible for any faults you find in the car after you bought it. By bidding at the auction, you agree to the auctioneer’s conditions of sale.
If the car is ‘sold as seen’ it is up to you to do the necessary checks by inspecting the car before bidding. It may be a good idea to get a mechanic to examine the car before you make a bid. Used cars bought at an auction, generally do not come with warranty (or guarantee ) unless the car manufacturer’s warranty is still valid.
