We use Google Analytics to see which pages are read and how the site is used, so we know what to improve. This only runs if you accept. See our privacy notice for details.

Dáil

Written answer

Consumer Rights

Summary

The Minister said independent servicing to proper specifications should not alone void warranties; statutory remedies remain, and the CCPC is assessing complaints.

462. Deputy Robert O'Donoghue asked the Minister for Enterprise, Tourism and Employment to clarify the position on motor vehicle warranties where servicing is carried out by an independent garage rather than a main dealer; whether a manufacturer or dealer may refuse a warranty claim solely because servicing was completed by a third party where the required specifications and appropriate parts were used; and the redress available to consumers where a warranty is refused on this basis. [65338/26]

Comment on this
Niamh Smyth Minister of State at the Department of Enterprise, Tourism and Employment Fianna Fáil

Consumers should be aware that their statutory rights are separate from, and additional to, any manufacturer's warranty. I am informed by the Competition and Consumer Protection Commission (CCPC), the independent statutory body responsible for enforcing competition and consumer protection law, that a manufacturer's commercial warranty cannot limit a consumer's statutory rights under consumer protection legislation.

Under the Consumer Rights Act 2022, where a vehicle is not in conformity with the sales contract, for example because of a fault or defect that existed at the time of purchase, consumers are entitled to seek a remedy from the trader who sold them the vehicle. Depending on the circumstances, this may include repair, replacement, refund or price reduction. These rights apply regardless of any manufacturer's warranty.

The CCPC has advised that competition law concerns may arise where a warranty claim is denied solely because servicing or repairs not covered by the warranty were carried out by an independent repairer, provided the vehicle has been serviced in accordance with the manufacturer's specifications and maintenance schedule and that appropriate parts and materials have been used.

Whether a warranty claim can be refused will depend on the circumstances of the individual case. A manufacturer or dealer may seek to rely on evidence that a particular fault arose as a result of defective servicing, workmanship or the use of unsuitable parts.

Where a consumer believes that a warranty claim has been unfairly refused, they should first raise the matter with the manufacturer or dealer and seek a written explanation of the decision. Consumers can obtain information and advice on their rights from the CCPC. Consumers also retain their statutory rights under the Consumer Rights Act 2022 and may seek to enforce those rights through the courts where a dispute cannot otherwise be resolved.

I am aware that the CCPC has received complaints regarding this issue and, in July 2025, issued an industry-wide warning letter to motor vehicle distributors reminding them of their obligations under competition law. The CCPC is currently assessing information received from industry and has indicated that it will take appropriate enforcement action where it believes competition law has been breached.

Comment on this