Former Kildare car dealer pleads guilty to misleading consumer
James Cox
Following a prosecution brought by the Competition and Consumer Protection Commission (CCPC), former Kildare based car dealer, Ionut Nitulescu, has pleaded guilty to misleading a consumer about the history of a second-hand car.
Under consumer protection law, it is an offence for traders to give false, misleading or deceptive information about the history of a car.
In a ruling at Naas District Court on Monday morning, Judge Desmond Zaidan fined Mr Nitulescu €2,000 and ordered him to pay costs of €8,145 to the CCPC.
Both sums must be paid within six months. In addition, Mr Nitulescu is in the process of paying €8,700 compensation to the consumer.
The CCPC prosecuted Mr Nitulescu, formerly of John O’Donnell Motors in Kildare Town, following an investigation which established that Mr Nitulescu had sold a vehicle to a consumer and during that transaction provided to the consumer misleading information about the car’s history.
The court heard that on November 3rd, 2022, the consumer purchased an Audi A4 after seeing the car advertised on DoneDeal. After travelling to the trader’s premises to inspect the car, the consumer was given misleading information by Mr Nitulescu in relation to the vehicle’s previous damage. The consumer then purchased the vehicle for €8,700 after trading in his previous vehicle.
Pat Kenny, commission member at the CCPC, said: "Consumers should always be able to rely on accurate information from car traders on a car’s history, condition and roadworthiness. Failure to disclose such information may be an offence under consumer law.
"The CCPC remains active in this sector and will continue to inspect car dealers across the country. We are committed to using all the powers available to us to challenge and take enforcement action against traders found to be misleading consumers.”
The CCPC "strongly recommends that motor traders take all reasonable steps to ensure a car is safe and roadworthy, including completing a car history check, before making a car available for sale".
While the law sets out the rules for traders, consumers should also take a proactive approach when buying a car and use the CCPC’sâ¯checklistâ¯to ensure they are getting what they pay for by visiting www.ccpc.ie/consumers/cars/buying. The CCPC also has a printable car buyers checklist to help in comparing cars.
The CCPC urges any consumer who believes that they have been misled by a motor trader, or indeed any trader, to contact their consumer helpline on (01) 402 5555 or email at ask@ccpc.ie.
The CCPC also recently published a report advocating for an online portal that would grant second-hand car buyers free access to essential car history information, including write-off status and mileage readings. For more information, visit the CCPC’s report calling for public access to used-car histories.
