The purchase of a vehicle is often an important moment in a person's life. It is an expensive purchase and it is important to be well informed before concluding a sale. It is important to know that, in spite of insurance, it is possible that you may find yourself faced with a hidden defect. Fortunately, there are solutions to protect yourself. In this article, we give you the keys to buying your vehicle and protecting yourself in case of a hidden defect.
Definition of a hidden defect
A latent defect is a significant defect in an item that was not apparent at the time of purchase. It can be a lack of conformity (for example, a car that does not correspond to the description made by the seller) or a defect affecting the quality of the good (for example, a car that has a defective engine). Hidden defects can lead to safety problems and/or significant repair costs.
In France, latent defects are governed by articles 1641 and following of the Civil Code. According to these provisions, the seller is obliged to guarantee to the buyer that the goods conform to the description made and that they are free of any hidden defect. If the seller cannot guarantee these two points, the buyer has the right to ask for the resolution of the sale (i.e., to be reimbursed) or a reduction of the price.
In order to benefit from these guarantees, it is important to prove the hidden defect. This can be difficult, especially if the property was purchased second-hand. It is therefore advisable to call on an expert before buying a second-hand item.
The legal guarantee of conformity
is a guarantee that applies when you buy a new or used good. It allows you to be reimbursed or to obtain a replacement if the good you bought does not correspond to what you bought. This warranty also applies if the item you purchased is damaged or does not work properly.
Hidden defects warranty
When you buy a used car, you are covered by the legal warranty for hidden defects. This protects you against defects that are not apparent at the time of purchase and that make the vehicle unfit for its intended use. It applies for one year from the date of purchase. If you discover a latent defect within six months of purchase, it is presumed that the defect already existed at the time of purchase. After six months, you will have to prove that the hidden defect already existed at the time of purchase. If you are able to do so, the warranty for hidden defects will apply for one year from the date of purchase.
How do I enforce my rights?
When you buy a car, it is important to check it for hidden defects. If you find a hidden defect after the purchase, you can claim your rights from the seller and obtain a repair or a refund.
In order to claim your rights, you must first contact the seller and inform them of your problem. If the seller does not respond or refuses to repair the hidden defect, you can take the matter to court.
French law provides for a two-year legal guarantee of conformity for hidden defects. This guarantee applies even if the seller has mentioned that there is no hidden defect.
If you prove that a hidden defect existed at the time of purchase, you can obtain a repair or a refund of the sale price. You can also obtain damages if the hidden defect caused material or physical damage.
What you should know before buying a car
Before buying a car, there are a few things to consider, including budget, car model and fuel type. It is important to research and learn about the different types of cars in order to make the right choice.
Budget is an important consideration when buying a car. You need to determine how much you are willing to spend and what options are essential. It is important to compare prices and ask for several quotes before deciding.
The car model is also an important point to consider. You should choose a model that suits your needs and your budget. It is important to learn about the different car models in order to make the right choice.
The type of fuel is also an important point to consider. You should choose a type of fuel that suits your budget and your driving style. It is important to learn about the different types of fuel in order to make the right choice.
The most common hidden defects when buying a car
The article "Buying a car: what to do in case of hidden defects" highlights the most common hidden defects when buying a car. Hidden defects can be numerous and it is important to be aware of them before making the purchase.