Two Dublin car dealers convicted of misleading customers

Two Dublin car dealers have been convicted of misleading consumers about the history of second-hand cars, following prosecutions brought by the Competition and Consumer Protection Commission (CCPC).

Under consumer protection law, it is an offence for traders to give false, misleading, or deceptive information about the history of a car.

Brian Healy and Andrius Miliauskas, of Lucan Auto Sales, Co Dublin, both pleaded guilty to offences. Healy pleaded guilty to four offences, and Miliauskas pleaded guilty to six offences.

In a ruling at Dublin District Court, Judge Anthony Halpin sentenced Miliauskas to four months in prison, while Healy was fined €1,500 and ordered to pay costs of €3,567 to the CCPC and compensation of €1,994 to a consumer.

The charges related to two cars that had been crashed and classed at write-offs but were later sold to consumers.

One vehicle, a 161 Ford Focus was crashed in March 2023, classed as a write-off and sold as salvage, then sold to Lucan Auto Sales – which sold it on to a consumer in June 2023 for €11,500.

The consumer watchdog said the dealers gave the buyer misleading information regarding the car’s crash history.

In the second instance, a 142 Audi A5 was crashed and written off in the UK in 2017 before being sold by Lucan Auto Sales for €14,000 in June 2024 without disclosing its crash history.

According to the CCPC, when the consumer subsequently discovered it had been crashed and returned the car to the dealer, it was almost immediately readvertised – again without disclosing its crash history.

Both consumers reported their experience to the CCPC, which then opened an investigation.

Judge Halpin noted that the dealers had “completely deceived” the two consumers, saying that if one of the previously written-off cars were to break down on the road, “not only could the people in that car be killed, but other people could be killed as a consequence of that … to deceive a buyer in that regard is outrageous”.

The CCPC prosecuted Healy, the owner of Lucan Auto Sales, following an investigation that established that he had knowingly overseen the sale of vehicles to consumers who had been provided with misleading information on the history of the vehicles.

Miliauskas, also of Lucan Auto Sales, was prosecuted following a CCPC investigation that established that he had sold a vehicle to a consumer and, during that transaction, provided the consumer with misleading information about the car’s history.

Miliauskas had previously been investigated by the CCPC and, in 2023, was convicted of misleading a consumer in relation to the crash history of a car. That conviction was subsequently upheld in the Circuit Court.

Today’s court orders against Miliauskas have been appealed to the Circuit Court.

Commenting on the case, Brian McHugh of the CCPC said: “Car traders have a legal obligation not to mislead buyers about a car’s history and condition. Misleading information can put the buyer and all other road users in danger.

“The CCPC will continue to investigate and prosecute car dealers who mislead consumers, but the best way to keep consumers safe from unscrupulous car dealers is to arm them with information.

“We need car history information to be shared with consumers for free as is seen in other countries. A car is one of the most expensive purchases a consumer will ever make, and buyers need accurate information so they can get value for money and a safe and reliable vehicle for them and their family.”

The CCPC said it is working with the Department for Transport to ensure that consumers can access key vehicle history information, including whether a car has been crashed and subject to an insurance claim.

The consumer watchdog said it wants any consumers who believe they have been misled by a motor trader to contact the CCPC helpline on 01- 4025555, or via CCPC.ie.