Can I get my money back?

Can I get my money back?

Hi Shane I have just purchased a car to the value of 43000 euros and in my first 2 weeks with it, i have been back to the dealer with an engine fault and now there is an issue with the automatic transmission. Do i have the right to ask for my money back ? Thanks Gary

Our answer:

Hi Gary,

The Consumers’ Association of Ireland (CAI) has information on your rights under the Sale of Goods and Supply of Services Act 1980, but the main points are that anything you buy from a retailer must be: of merchantable quality; fit for its normal purpose and reasonably durable; as described, whether the description is part of the advertising or wrapping, on a label, or something said by the salesperson; and, crucially, when you buy goods from a retailer, you make a contract with that retailer – if the purchase then turns out to be faulty, the retailer, not the manufacturer, is responsible and must sort your complaint; you are therefore entitled to a refund, a replacement or a repair.

It seems to us that a car costing €43,000, which is surely either brand new or reasonably new, is failing at least three of the points above (it’s not of merchantable quality, given parts are failing on it, it is not fit for purpose as you can’t drive it while it is broken and the purchase has turned out to be faulty), so you should be covered on that. But surely this car also has a warranty of some sort? Basically, Gary, take it back to the dealership and tell them you want all of your money back, immediately. Cite the CAI and the 1980 act above in your dealings with the garage.

Shane O'Donoghue

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