Former car dealer fined and must pay costs over misleading buyer on history of second-hand vehicle

Ionut Nitulescu fined and ordered to pay costs of €8,145 to Competition and Consumer Protection Commission

'Consumers should always be able to rely on accurate information from car traders on a car’s history, condition and roadworthiness,' said Pat Kenny of the Competition and Consumer Protection Commission.
'Consumers should always be able to rely on accurate information from car traders on a car’s history, condition and roadworthiness,' said Pat Kenny of the Competition and Consumer Protection Commission.

A former Kildare-based car dealer has been fined €2,000 and ordered to pay substantial costs after pleading guilty to misleading a consumer about the history of a second-hand car.

Following a prosecution brought by the Competition and Consumer Protection Commission (CCPC), Ionut Nitulescu, formerly of John O’Donnell Motors in Kildare Town, was fined and ordered to pay costs of €8,145 to the commission.

At Naas District Court on Monday, Judge Desmond Zaidan said both sums must be paid within six months.

The court heard Nitulescu is also in the process of paying €8,700 in compensation to the consumer.

The court heard that on November 3rd, 2022, the victim bought 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.

“Consumers should always be able to rely on accurate information from car traders on a car’s history, condition and roadworthiness,” said the CCPC’s Pat Kenny. “Failure to disclose such information may be an offence under consumer law.”

He said the commission ”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,” he said.

The CCPC said it “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.”

It also urged consumers who believe they have been misled to contact its helplines.

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Conor Pope

Conor Pope

Conor Pope is Consumer Affairs Correspondent, Pricewatch Editor