In a recent case, Ali Fawad, an employee of Greenhill Motors in Pearse Park, Drogheda Co Louth, was issued with a suspended three-month sentence for intentionally selling a faulty vehicle without disclosing its defects to the buyer. The sentence was handed down by Judge Eirinn McKiernan at Drogheda District Court on Tuesday. Greenhill Motors, the dealer Mr Fawad used to work for, was deemed guilty as well, and commanded to pay a fine of €4,000.
The case against Mr Fawad and Greenhill Motors was presented following an inquiry by the Competition and Consumer Protection Commission (CCPC), who mandated Greenhill Motors to shoulder its legal fees totalling €4,500. The probe by the CCPC unveiled that the flawed vehicle, a Mazda 6 registered in 2012, had been secured by Greenhill Motors at an auction held in July 2021 before being disposed of a month later.
The vehicle was returned back to Greenhill Motors by the buyer following continuous issues. On inspection by a mechanic, it was found that the motor vehicle’s Diesel Particulate Filter was absent, as confirmed by the CCPC. The buyer was fully reimbursed by Greenhill Motors.
Despite this, Greenhill Motors proceeded to sell the defective vehicle again in November 2021. The buyer was assured of the car’s excellent state, and that it had never been used as a taxi nor had it undergone a crash. The vehicle was later returned to Greenhill Motors for a second time and a full refund was issued after a mechanic informed the owner that the car would fail in an NCT.
During the CCPC’s probe, Mr Fawad claimed he wasn’t aware of the Diesel Particulate Filter and the issues with the vehicle. Patrick Kenny, a representative of the CCPC, clarified that it was unlawful for a seller to provide misleading information about a car’s state. He emphasized that in this particular instance, the deceit had added implications as the trader was aware of the car’s unroadworthiness, potentially threatening the safety of the consumer and others on the road. Mr Kenny further stated the importance of buyers being able to trust the accuracy of the information given by car dealers regarding a car’s history, condition, and roadworthiness.
The CCPC remains staunchly committed and proactive within this industry. We invariably urge any customer who feels they’ve been deceived by a car dealer, or indeed any dealer, to get in touch with us,” he further asserted.