The Competition and Consumer Protection Commission (CCPC) has taken enforcement action against Ryan Neary, who trades at R Neary Motors, Ballyellen Upper, Inch, Gorey for engaging in deceptive marketing practices and providing misleading information to consumers in 2020.
this follows a complaint from a consumer who purchased a 2011 BMW 730 from R Neary Motors for €9,950.
Within weeks, the consumer had problems with the BMW’s engine and had the car inspected by a motor vehicle appraiser. The appraiser found that the BMW car was imported from the UK in 2017 and before that it had driven over 100,000 miles.
It was also previously accidented and classified as an insurance “write-off” and the dealer had not informed the consumer of this information prior to making the decision to purchase the car.
Contacted, Mr Neary said what happened was a ‘mistake’ and he was unaware the car had been damaged when he sold it to a couple who had traveled from Cork .
“We pride ourselves on doing our best for customers and once we realized the mistake we fully refunded the customer and covered all their costs, including a rental car for use.
“It hasn’t happened again since and it won’t happen again. That was over two years ago now and the business has since taken off and we’re taking dozens more precautions than we did then to to be able to comply because we have complied with the CPCC”.
Although it is not illegal to sell a clocked or wrecked car, this information must be shared with the consumer before they make the purchase and it is an offense for traders to give false, misleading information. or misleading about the history of a car.
The CCPC compliance notice requires the merchant to perform background checks on all cars sold in the future, and the consumer must be notified when the car’s odometer does not match what is currently on it , or when the car has been in an accident or damaged.
CCPC also encourages any consumer who suspects they have been misled by a merchant to report it to CCPC.