Advertisment
Sponsored search result adverts included the following statements:
Advert 1:
“Autobuy.ie – Cash for cars
We Buy Any Car – We offer the best cash price for your car in Ireland.”
Advert 2:
“Autobuy Ireland.
Sell your car in minutes – Enter your Reg. No. & Autobuy Delivers a Simple Solution To Get You Paid Today. Any Make, Any Model, Any Condition…”
Complaint
The complainant considered that the claim to ‘buy any car’ was misleading as they had enquired about selling their car, however, as the car had an intermittent starting issue that their garage was unable to diagnose, they were advised their car would not be purchased.
Response
The advertisers stated that once a customer submitted their vehicle details online, a member of their team provided an initial valuation based on the information supplied, and the customer could then arrange an appointment at a dealership location of their choice. Upon inspection, the vehicle was assessed to ensure it matched the description provided online. They said that where a vehicle differed from the original description or presented with issues not previously identified, the valuation may need to be revised accordingly.
They stated that as they were not a mechanical repair or diagnostic business, the representatives carrying out inspections on their behalf were experienced motor trade professionals, typically with a minimum of five years’ experience and, in many cases, considerably more and were generally capable of identifying common vehicle issues during inspection. They said that when neither qualified technicians nor their own experienced representatives were able to identify the underlying issue affecting a vehicle, they may not be in a position to confidently provide or stand over a definitive valuation. They said that without being able to reasonably assess the condition, level of risk, or potential repair costs associated with the vehicle, they cannot fairly progress the purchase process. They said that in many situations involving unresolved or unidentified intermittent issues, they would typically either revise the valuation to reflect the uncertainty and potential risk associated with the vehicle or request further documentation or inspection reports outlining the issue before proceeding further. They said that had documentation or a confirmed diagnosis identifying the issue been available, it was entirely possible that a revised valuation could have been provided based on that information and the purchase progressed accordingly.
In regard to the complainant’s experience, the advertisers said that it appeared there may have been a misunderstanding at the original appointment, and that this did not reflect overall purchasing policy. They said that if one location was unable to proceed with a purchase on a particular day, another representative or location could facilitate the purchase. They said that a customer can request another location or they could submit again through different widgets on Autobuy agent websites.
Further Information: The advertisers offered to purchase the complainant’s car, however, the complainant advised that after it was refused purchase, they had no option but to scrap it.
Conclusion
Complaint upheld.
The Complaints Council considered the detail of the complaint and the advertisers’ response.
The Complaints Council noted that the advertising had stated “We Buy Any Car” and had not included a reference to any terms and conditions applying. The Council also noted that the complainant’s car had been refused purchase and that there were circumstances where potentially the purchase of a vehicle was not possible. In the circumstances, the Council considered that the use of the claim “We Buy Any Car” in advertising, without stating that terms and conditions applied, was misleading and therefore was in breach of Sections 4.1 and 4.4 of the Code.
Action Required: The Council reminded advertisers that language such as “Any” must not be used when exclusions or terms applied.
