Purchase of second-hand car

Q: A friend of mine acquired a Peugeot 406 in exchange for his Fiat Punto from a local dealer. The part exchange took place last May 29. The dealer estimated the value of the Fiat Punto as being €3,028 and the value of the Peugeot to be €6,289, therefore leaving a balance of €3,261. The consumer agreed with the trader that a monthly payment of €119.98 was to be effected.

No interest was to be incurred in the event of non-payment. However, should the latter occur, the dealer had the right to re-possess the vehicle immediately. Prior to taking possession of the vehicle, the consumer noticed that the left-hand side mirror was defective, that the windscreen wipers were working but were not operating as one would expect, the vehicle's spare wheel and jack were missing from the booth of the vehicle, the plastic strip on the side was missing, the electric mirrors were not working and the glovebox compartment needed repairs and/or settings.

Moreover, the gear knob was missing from the gear lever, so the customer had no option but to remove the gear knob from his old car to set it on the gear lever of the newly-acquired Peugeot.

These defects were brought to the attention of the dealer who immediately offered his assistance. Unfortunately, his help never materialised. The dealer only provided the jack and spare wheel after two punctures, which caused a lot of inconvenience.

Upon purchasing the vehicle, the dealer promised the consumer that if it required any repairs he would carry them out. However, his promises weren't honoured and when, for instance, the fan belt snapped, the consumer had to go to a mechanic to replace it. Even though the dealer had offered to pay any expenses incurred by the consumer to repair the car, these were never settled.

The client's mechanic emphasised that the costs to carry out the necessary repairs would definitely be high. The mechanic still has pending bills, which the dealer had promised to settle.

As a result of the dealer's negligence, the consumer suffered numerous inconveniences and incurred other expenses in relation to car hire, taxis and public transport.

The customer has two children and the vehicle is in constant use.

Due to the hire purchase agreement, the consumer is unable to sell, scrap or exchange his vehicle. I am aware that many other clients have suffered a similar injustice. However, apparently, such car dealers seem to be 'above the law'.

I recently contacted the Consumer and Competition Division in St Venera about this case. I spoke to a representative and was informed that the division could not offer its assistance since the Consumer Affairs Act does not cover second-hand goods but only 'brand new' commodities, and also because there is a limit of €3,500. Hence, no form of compensation could be negotiated.

After publication of this complaint, legal advice will be sought and eventual legal action will be initiated should the car dealer be reluctant to co-operate to safeguard the client's statutory legal rights, including compensation, as a result of the losses he has incurred due to the dealer's illegal tactics.

A: What you have been told by the division is correct. Second-hand commodities, such as used cars, are not covered by the Consumer Affairs Act. This basically means that redress and compensation cannot be sought through the Consumer and Competition Division and the Consumer Claims Tribunal. When such problems arise, consumers are advised to seek private legal assistance to obtain compensation for any loss suffered through the Civil Code.

Buying a used car is always a bit of a gamble. Thus, it is always advisable to have an independent mechanic to inspect and thoroughly check the car you are interested in purchasing. With such purchases, as opposed to brand new cars, the responsibility lies with the buyer to ensure the vehicle is of satisfactory quality and fit for the purpose.