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Ask Ronan Your Own Question
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2226
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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I bought a 2010 Jaguar car from a “reputable” SIMI

Customer Question

I bought a 2010 Jaguar car from a “reputable” SIMI registered dealer in August 2015. At the time I got a 6 month’s warranty.Late 2015 the car started giving trouble, and has been back to the garage on 4 different occasions around the same issue. This issue seems to have been sorted. The last time was in March – because of all the hassle, they extended by warranty by another six months
The dealer is based around 2 hours away from my home so it is inconvenient in having to drop the car back.Yesterday, the driver passenger window would not come back up – I again had to drive 2 hours back to the garage with this open. When I got there, the previous person I had dealt with had left. He is the fourth different person since the start. The garage denied any knowledge of the extended warranty and were very unhelpful in trying to sort the issue.
Luckily I had documented proof of the extension, and they say they will now cover the repair.My main issue is that I feel the car is a dud and I am going to continue to have issues with it. Have I any recourse to return the car as I don’t feel it is fit for purpose? In the mix as well is the finance company who I got the money from.
Submitted: 9 months ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 9 months ago.

As you bought from a garage as a consumer, you are protected by the Sale of Goods and Supply of Services Act 1980 as you are buying a car for your personal use from a person whose normal business it is to sell cars. As a consumer you have the same rights if you buy an item second hand as if it is new. In this case if you find a fault with the car after you have bought it the dealer is the person who must set matters right

All members of SIMI must follow its code of ethics in their business practices and maintain a high standard of customer service. If the don't they can be reported and removed

Customer: replied 9 months ago.
Thanks for the reply. What recourse do I have? Can I return the car and demand my money back? The garage will argue that they have "set matters right" on the different occasions that the car has been returned. My argument is that the level of failures is abnormal and it is causing me a lot of wasted time etc. which I don't have. Would I have a legal case with a high percentage chance of winning? Also there is a "file" on the car held by the garage showing the different repairs etc. Am I allowed access to this and can I request a full copy under Data Protection law etc.? Thanks Robert.
Expert:  Ronan replied 9 months ago.

Yes you can seek return of your money. You will be claiming as a customer pursuant to the Sale of goods and supply of services Act, that the car wasn't of merchantable quality when sold to you and not fit for purposes.

Based on what you say, yes you have an arguable case. In relation to the file, you can seek sight of these documents by way of motion for discovery before the Courts.

Customer: replied 9 months ago.
Thanks Ronan. Outcome wise would you guess I have a better than 70% chance of success? I know this is an abstract question but I would appreciate your best guesstimate on this.