u/Fabulous_Run1817

Hello legal eagles.

I was hoping for a bit of advice. I purchased a 2010 Nissan Qashqai for €1500 from a person on facebook marketplace who buys cars and then flips them for a profit (he falsely represented himself as a mechanic who is selling his old car as he no longer has u a need for it). I have screenshot proof of at least 12 cars going through his marketplace in the past 3 weeks, and also proof that he purchased the car from another person just before selling it to me (texts from the car owner who sold the car to Kevin).

The car was never even registered in the seller's name, and I had to find the original owner via the motor tax system to actually do change of ownership as he kept claiming that he sent the logbook but Shannon never received anything.

The seller told me that the timing belt was done 40000km ago (turns out even the owner who sold the car to him does not know when the timing belt was done as he never did it during his ownership) and I have confirmation from a mechanic that it was not done and is infact overdue and needs replacing.

When purchasing the car, I noticed oil on parts of the engine and I asked if there is an oil leak, and the seller explained that was just from a bit of spillage from fulling the car oil, mechanic has confirmed it was actually an oil leak from the turbo boost hose.

The seller very clearly stated to me that the "car is perfect" which i have in writing in the messenger messages.

Other undisclosed minor issues was a fully worn handbrake cable and a broken tow eye. These, and even the lied about oil leak, are minor though and I had no issue covering the cost of repair as they are issues expected of an older car.

After less then 200km of driving the car, the clutch has failed. Mechanic confirms that this is from long term wear, not sudden failure and the clutch was already at end of life when the car was sold to me. The mechanic also diagnosed the timing belt well beyond due as well as gearbox seals are leaking. These are obviously not minor issues, cost to repair will be almost as high as the amount I paid for the car.

I have asked the seller to either cover the costs of repair, or to collect the car and refund the money paid. He refuses, claiming the usual "sold as seen".

As far as I am aware, the fact that he buys and sells cars regularly for profit, the law would consider him a dealer even if he is not a registered garage. Am I correct in this interpretation? If he is classified as a dealer, the usual "sold as seen" does not apply as far as I am aware and consumer protection would apply to this sale, as the car is not as described and is not fit for purpose.

I would appreciate your advice in this matter, as I am looking to start small claims proceedings against him to recover my funds.

Hi guys. I moved into a rental and 11 months later(1 month before the expiry of the fixed term lease) the landlord states he wants to move into the property (he originally lived in this property and moved out and rented it to us, now wants to move back in 11 months later). I received a Notice of Termination which I have appealed with adjudication based on the fact that the statutory declaration which I received with the notice was not signed, not by the landlord himself or by any notary public.

The landlord's solicitors have lodged replies (late on the last day allowed so that I do not have time to issue a written response) saying the below:

"Under the Residential Tenancies Acts, where a landlord relies on the ground of own

occupation, a statutory declaration is required to be made and furnished to the

Residential Tenancies Board. The Notice of Termination is the document required to be

served on the tenants.

In this case, a statutory declaration confirming the landlord’s intention to occupy the

dwelling as a principal private residence was duly sworn before an authorised person

and provided to the RTB in accordance with the statutory requirements."

They submitted proof that the declaration was sent (signed and sworn) to the RTB themselves.

As far as I am aware, the statutory declaration (signed and sworn) must also be sent to the tenant together with the notice of termination. Am i mistaken here? Will I likely win this appeal due to the fact that I want not provided with the proper statutory declaration and was only provided with an unsigned template version of it. The solicitors seem to be stating that only the RTB needs to receive it, tenant only needs to receive the notice of termination. My hearing is coming up on Friday and I am quite nervous as I have not yet managed to find other accommodation (despite applying to everything I find advertised) and I have 2 young children as well.

Has anyone else had a similar case, and what was the result at the hearing?