We have acted in a wide range of defective car matters for clients across Ireland. We keep hearing the same story and we keep seeing the same pattern of behaviour from car dealerships. Consumers are nearly always met with delays and deflections and a reluctance to recognise consumer rights. Very often, meaningful engagement will only start when a solicitor becomes involved or when legal proceedings issue.
This is not how it should be. Irish consumer law provides very robust protections for consumers when a car has faults. Here, we set out some behaviours we see and some practical steps that will protect your position from day one.
Insisting on Arbitration
Dealerships often refer us to a clause in the standard form SIMI contract which states that “disputes as between the parties to this agreement shall be referred to arbitration”. These clauses only bind the parties to the agreement (i.e. the consumer and the dealership). They do not bind manufacturers as they are not a party to the contract and manufactures will often be named as co-defendant if legal proceedings issue.
The High Court addressed this issue in Cyril Maguire and Theresa Maguire v MSL Park Motors and Mazda Motor Ireland1. The Circuit Court had earlier attempted to stay all claims pending arbitration. The High Court disagreed. The Court held that a dispute must go to arbitration only if the parties actually agreed to arbitrate it. Where a party did not agree to arbitration, the dispute can proceed in court.
If a dealership insists that you can only go to arbitration then that should be examined and not accepted at face value.
Endless Diagnostics and Repairs
Many dealerships appear to believe that repeatedly returning a car after yet another repair attempt is an adequate response. This is especially common with cars under warranty. However, when a car is subject to multiple unsuccessful repair attempts, there comes a point where a consumer is entitled to insist on alternative remedies such as a replacement or refund.
Keep a full record of all workshop visits and communications. After a reasonable number of failed attempts, put your request in writing for an alternative remedy.
Used Cars
“It is a used car. What did you expect?” We hear this frequently. Price, age and mileage matter but used cars must still meet clear legal standards. They must be fit for purpose, free from undisclosed defects and of satisfactory quality having regard to the description and price. Standards do not disappear because a car is second hand.
Wear and Tear/Driver Behaviour
Dealerships often dismiss faults as “wear and tear” or being due to driver behaviour. This can happen even in cases of major mechanical defects. Ask the dealership to confirm in writing that it is their view that the fault is due to normal “wear and tear” or driver behaviour. You might find that they may refuse to do so as it forces them to stand over a position that may be unsustainable. If they refuse or if their explanation seems vague, consider getting an independent mechanic’s report.
We understand how disruptive a defective car can be. It affects work, home life and finances. If you’re meeting resistance or getting nowhere, there are practical steps you can take. A clear assertion of your consumer rights (supported by a proper record) can often be the turning point between more delay and a meaningful outcome.
For further information, please contact Raymond Lambe or your usual OSM Partners LLP contact.
This is not how it should be. Irish consumer law provides very robust protections for consumers when a car has faults. Here, we set out some behaviours we see and some practical steps that will protect your position from day one.
Insisting on Arbitration
Dealerships often refer us to a clause in the standard form SIMI contract which states that “disputes as between the parties to this agreement shall be referred to arbitration”. These clauses only bind the parties to the agreement (i.e. the consumer and the dealership). They do not bind manufacturers as they are not a party to the contract and manufactures will often be named as co-defendant if legal proceedings issue.
The High Court addressed this issue in Cyril Maguire and Theresa Maguire v MSL Park Motors and Mazda Motor Ireland1. The Circuit Court had earlier attempted to stay all claims pending arbitration. The High Court disagreed. The Court held that a dispute must go to arbitration only if the parties actually agreed to arbitrate it. Where a party did not agree to arbitration, the dispute can proceed in court.
If a dealership insists that you can only go to arbitration then that should be examined and not accepted at face value.
Endless Diagnostics and Repairs
Many dealerships appear to believe that repeatedly returning a car after yet another repair attempt is an adequate response. This is especially common with cars under warranty. However, when a car is subject to multiple unsuccessful repair attempts, there comes a point where a consumer is entitled to insist on alternative remedies such as a replacement or refund.
Keep a full record of all workshop visits and communications. After a reasonable number of failed attempts, put your request in writing for an alternative remedy.
Used Cars
“It is a used car. What did you expect?” We hear this frequently. Price, age and mileage matter but used cars must still meet clear legal standards. They must be fit for purpose, free from undisclosed defects and of satisfactory quality having regard to the description and price. Standards do not disappear because a car is second hand.
Wear and Tear/Driver Behaviour
Dealerships often dismiss faults as “wear and tear” or being due to driver behaviour. This can happen even in cases of major mechanical defects. Ask the dealership to confirm in writing that it is their view that the fault is due to normal “wear and tear” or driver behaviour. You might find that they may refuse to do so as it forces them to stand over a position that may be unsustainable. If they refuse or if their explanation seems vague, consider getting an independent mechanic’s report.
We understand how disruptive a defective car can be. It affects work, home life and finances. If you’re meeting resistance or getting nowhere, there are practical steps you can take. A clear assertion of your consumer rights (supported by a proper record) can often be the turning point between more delay and a meaningful outcome.
For further information, please contact Raymond Lambe or your usual OSM Partners LLP contact.
1 [2017] IEHC 532 (unreported, 7 September 2017, Barrett J.)
