Meath car dealership sentenced after inquest found he lied about accident history

A CAR dealer has been convicted following an investigation by the Competition and Consumer Protection Agency.

Anthony Behan of Rathoath, Co Meath has been found guilty of misleading a consumer regarding a car’s accident history at Dublin District Court.


The case involved the sale of a 2008 Mini One car by Behan on September 25, 2016 (stock image)Credit: Alamy Live News

The case involved the sale of a 2008 Mini One car by Behan on September 25, 2016. He pleaded guilty to the charge.

The result came following a “thorough investigation” by the CCPC.

The car was for sale on on September 5, 2016.

During the sale, the consumer specifically asked Behan if the car had been involved in an accident.

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The consumer was informed that the car was accident-free and, based on this response, he purchased the vehicle.

In 2017 the car developed faults and it then emerged that the car had in fact been involved in an accident before.

The consumer was advised to remove the car from the road. They also attempted to contact Behan about the vehicle and received no satisfaction.

Mr. John Berry BL, prosecuting on behalf of the CCPC, read the victim impact statement on behalf of the consumer which stated that when the consumer attempted to contact Behan.

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He refused to engage with the consumer and responded by asking “did you get a receipt?”

The consumer said: ‘Mr. Behan’s purchase left me with a financial loss for the Mini Cooper which has been off the road since 2017 with the added burden of having to get a work haul loan.

The CCPC alleged that Anthony Behan engaged in a deceptive marketing practice by claiming that the car was not previously in an accident when he sold it to the consumer. This is contrary to section 43(1) of the Consumer Protection Act 2007.

Judge Halpin said Mr Behan ‘should have had the car examined by a mechanic and could have done a bit more’ to help consumers before convicting Mr Behan and issuing a fine of €500, which must be paid in the next few days. twelve months.

Commenting on the case, CCPC member Una Butler said: “Misleading a consumer is a very serious offense and merchants who fail to provide complete and accurate information are subject to criminal prosecution by the CCPC.

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“When buying a car, consumers should be able to trust accurate information from car dealers about a car’s MOT and accident history.”

She added, “The CCPC is and will continue to be very active in this sector. We encourage any consumer who feels they have been misled by an automotive trader, or indeed any trader, to contact us.

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