Consumers who have bought a second-hand car with tampered mileage are entitled to claim a free remedy from the car dealer from whom they bought the vehicle.

As per the Sale of Goods provisions under the Consumer Affairs Act, sellers are responsible to deliver goods to consumers that conform with the sales contract, including the description, type, quantity and quality. In case of lack of conformity, in this particular scenario, the applicable legal remedies include replacement, price reduction and termination of contract.

Should consumers opt for price reduction, this is to be proportionate to the decrease in the value of the cars the consumers bought compared to the value the cars would have if they were in conformity with the sales contract.

Affected consumers first need to submit a request for remedy to the seller. If no agreement is reached, consumers may then lodge a formal complaint with the Office for Consumer Affairs either online on https://mccaa.org.mt/home/ complaint or by calling 8007 4400.

Once an official complaint with this office is registered, a conciliation process will start with the aim of reaching an amicable solution between the consumer and the trader. If no amicable agreement is reached, consumers can then choose to bring their claim before the Consumer Claims Tribunal, where claims of up to a maximum of €5,000 may be heard. The €5,000 threshold refers to the amount being claimed, not necessarily the full price of the purchase under dispute. With regard to claims exceeding €5,000, consumers may proceed with their claim through the civil courts.