When buying new means buying old

HELPDESK: Answering all your motoring queries, with MICHAEL McALEER

HELPDESK:Answering all your motoring queries, with MICHAEL McALEER

From anon: I recently bought what I thought was a new car. It carries 2010 plates, but when I went to tax it the emissions were higher than advertised in the latest brochures. It turns out the car came off the production line a few years ago, but no one told me. The dealer says it is common practice that cars be regarded as new on the date of sale rather than of production.

You are fully within your rights to seek your money back on this car. According to Dermot Jewell of the Consumer Association of Ireland, it would seem that, under the Sale of Goods Act, this car is clearly not as described. “You should seek a full refund on the car. It’s clear that while the car might be ‘new’ in the unused sense, the engine is not the same as the one advertised.” As such, you have a case if you clearly stated that you wanted the new version and didn’t agree to purchase an older version at discount.

You are clearly going to suffer financially under the ownership of this vehicle.

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Not only will you pay extra in tax, but when you go to resell this car, it will be listed as a 2010 alongside models of the same car that carry a lot less tax. Ultimately, it’s likely to knock thousands off your resale value. I would seek a full refund.

A spokeswoman for the National Consumer Agency said it seems like a breach of the Consumer Protection Act. “It comes down to what the customer thought they were buying,” she said.

“We would have expected the garage to have brought the implications of this purchase to the attention of the customer before purchase.”

From E O’G: I’ve read the positive reports on the Hyundai iX35 but I see that, while the launch engine is a 2-litre diesel, there’s a smaller engine coming later in the year. Should I wait for it or will it be too small? Will it have lower road tax?

The 1.7-litre version is unlikely to make it into showrooms before January of next year, and between now and then, Hyundai has said it will offer the 2-litre version at the entry price of the 1.7-litre. Given that both have similar emissions and fall into the same tax bracket of €302 a year, I don’t see any point in waiting.

At €26,995, it’s a good buy, although it’s up against the likes of the Ford Kuga and the Nissan Qashqai, both serious performers in this market.

From J O’D: Do I have to tax a car if I’m taking it abroad to UK? It’s been off the road and untaxed until now.

You need to tax a car if it goes on the road. You can reclaim the unused tax again once you re-register it abroad. I think, though, that you would be better to sell it here and buy another car over there – unless, of course, it’s a classic of some value.

  • Send your queries to Motors Helpdesk, The Irish Times, 24-28 Tara St, Dublin 2 or email motorshelp@irishtimes.com