Karen Walsh: Buying a vehicle from a dealer offers better legal protection
If you are thinking of buying or have bought a second-hand tractor or jeep for your farm, there are a few pointers worth bearing in mind.
The tractor or jeep you purchased may be a bargain that you obtained at a good price and will get many years of hassle-free motoring from.
However, in the event that your purchase turns out to be not all that you expected, there are a few matters you should be aware of.
The four main ways most people purchase a vehicle are either through a garage/dealer, an auction, the small ads section of newspaper, or online.
The rights of the purchaser are different, depending on the means of purchase and surrounding circumstances.
Garage/Dealer
A farmer purchasing from a dealer has the most legal protection of all the means of purchasing a vehicle.
If a person purchases a tractor or jeep for personal use from a dealer who is selling in the course of their business, then the farmer is classed as a consumer.
This gives the farmer many rights under the Sale of Goods and Supply of Services Act 1980.
As a consumer, you have the same rights if you buy a used tractor/jeep, as someone who buys a new tractor/jeep.
This can be more expensive than buying a tractor from a private individual, but sometimes can be worth its weight in gold for the added piece of mind.
The same rules apply to a consumer purchasing a commercial vehicle or machinery.
The seller must give accurate and truthful information and must not mislead the purchaser.
It is an offence under the Consumer and Road Traffic Laws to sell a tractor or jeep that is unroadworthy, under the pretence that it is roadworthy. Such instances can be reported to the Gardaí for investigation.
Consumer contracts are protected by the Sale of Goods and Supply of Services Act 1980. Under this Act, the purchaser of goods has a number of rights.
Goods must be of merchantable quality (goods should be of reasonable quality, taking into account what they are meant to do, their durability and their price).
Goods must be fit for their purpose, they must do what they are reasonably expected to do.
Goods must be as described; the buyer must not be misled into buying something by the description of goods or services given orally by a salesperson or by an advertisement.
You have a contract with the retailer, so if the tractor or car you purchased is faulty, it is the retailer’s responsibility to put things right.
As a general rule, the seller can either repair or replace the item. Alternatively, they can refund the cost of the item to you.
You should also act as soon as possible. A delay can indicate that you have accepted faulty goods.
Do not attempt to repair the vehicle yourself, or give it to anyone else to repair it. Make sure that you have a proof of purchase, for example, a receipt or invoice.
If you have a warranty, you will be afforded extra protection.
It is the retailer’s responsibility to provide a remedy under the warranty, unless they have opted out of this and advised you. You should carefully check the terms and conditions of any warranty.
You have no grounds for redress if you were told about the defect before you bought the vehicle; you examined the vehicle before you bought it and should have seen the defect; you broke or damaged the vehicle; or you change your mind.
Auctions
There can be tremendous value to be found at an auction.
However, this is not for the fainthearted, and it is best advised to bring a person who has mechanical knowledge along with you if you do not know what you are looking at.
Auctioneers cannot be held liable for defects you uncover after you purchase the vehicle.
This can place a purchaser in a very difficult situation, and makes it essential to know what you are buying, before you hand over your hard-earned cash.
Small Ads
Generally, when you purchase a vehicle through the small ads section of a newspaper, you are purchasing through a private seller, and not someone whose normal business is to sell cars on a commercial basis.
Some dealers sell cars this way, but it is not very common, and the more reputable sellers are generally not inclined to sell in such a manner.
Consumers are offered very little protection in these circumstances.
A seller is required to give accurate and truthful answers to questions you ask, but there is no obligation to bring information to your attention if you do not ask specifically.
Furthermore, if the seller is not selling in the course of their business, they will not be considered to have the expertise or knowledge to point out potential defects to you.
There are plenty of bargains to be found in small ads but you really do need to know what you are looking at as there is little to no legal protection.
