7 Things to Do If You Have a Dispute After Buying Your Car 

by Maître Zakine, Doctor of Law

You bought a car, new or used, and after some time, the car breaks down. Are you sure that the breakdown existed before the acquisition or do you see a direct link between the purchase 

• What should I do if a defect is discovered after the sale?

• The defect must predate the sale, significantly reduce its use, be undetectable at first impression and significant enough to cancel the sale if it had been discovered before it. The defect is then a hidden defect.

• The consumer can use the legal guarantees on hidden defects. These guarantees differ depending on the seller:

• At a professional:

 – the legal guarantee of conformity (the seller is required to repair or replace the vehicle at its own expense or, failing that, to reimburse you, either partially if you choose to keep it, or fully against its return)

– the guarantee against hidden defects (the consumer has 2 years from the discovery of the defect to implement this guarantee which results in the cancellation of the sale and the full or partial refund of the price paid.)

- the commercial guarantee (within a period of 6 to 12 months. The consumer can choose between reimbursement, replacement or repair of certain defects or defective parts according to conditions defined in a written contract (purchase order, delivery note or invoice). The commercial guarantee does not replace the two legal guarantees under any circumstances.)

• At a private home:

- the guarantee of hidden defects (2 years period. The consumer can obtain partial or total reimbursement of the used vehicle. The conditions for implementing this guarantee are provided for by the Civil Code (articles 1641 et seq.) unless the sales contract specifies “ sold as is, without warranty ».)

- defect of consent (in the event of an error of fraud or use of violence, the consumer may request the nullity of the sale within a period of 5 years from the discovery of the error or fraud)

• Write a formal notice:

A formal notice letter allows you to explain in a formal and precise manner what you are accusing them of. In the case of after-sales service of a used car with a defect, the consumer contacts the seller. Below is an example of a formal notice letter:

Madam, Sir,

I find that the (indicate the item concerned) that I purchased in your store on (date of purchase and order number) has the following defect(s) (describe them), which are unacceptable.

In accordance with Article 1644 of the Civil Code,

(1st case) I request the cancellation of the sale. Therefore, I ask you to reimburse me as soon as possible the amount that I paid you, namely (…) euros.

(2nd case) I wish to keep (indicate the item concerned) and therefore ask you to kindly reimburse me for part of the price that I paid you, i.e. the sum of (…) euros.

Pending a prompt response from you, please accept, Madam, Sir, my distinguished greetings.

(Signature)

 If you do not get a response, you are entitled to contact the mediator if the seller is a professional. If the dispute cannot be settled amicably, you will have to contact the competent court and seek compensation for the damage you have suffered.

• Is expertise necessary?

In the event of a dispute between the seller and the buyer of a used car for hidden defect, a expertise can help determine theexistence of the defect at the time of purchase. Is it essential to act? 

• Call your insurance

      It is possible that your car insurance includes “legal protection”. If so, you must first contact your insurer and obtain their agreement on the procedure to follow.

      If necessary, the insurer will appoint the expert and cover all or part of the expert assessment costs. The expert will assess the existence of the defect and the amount of repairs required. Your insurer will then attempt to reach an amicable settlement of the matter with the seller. If this fails, the insurance company may take the matter to court and will cover the legal costs.

     So, if your car insurance contract includes legal protection, it is more advantageous to use this. Otherwise, you will have to bear the cost of the entire procedure..

• Contact an automotive expert

     To establish with certainty the presence of a hidden defect on your used vehicle, you can call on a car expertYou can request a list of experts from the court registries or from various unions of independent experts.

    Mandate your expert as precisely as possible, indicating the defect found and asking him to determine its origin, its date of appearance and the cost of repairing the vehicle. The expert will give you a report that you can send to the seller in support of your request.

     The automotive experts freely set their fees. On average, a used vehicle expertise costs between 300 and 1000 euros.

• Alternatives

You can also have your vehicle examined by a mechanic and ask for a certificate assessing the origin of the vehicle's defects as well as their date of appearance and the cost of the repairs required. If you cannot wait to have your vehicle repaired, ask to be able to keep the defective parts and keep the invoices : they can be used to support your claims.

• Contact a lawyer:

               When working with a legal professional, you should expect them to review all of your documents and provide you with legal advice. They should be able to advise you on the best way to move your project forward, as well as any potential complications that may arise. Additionally, they can help explain the legal implications of each step and identify areas of risk. Having an experienced lawyer on your side with their expertise and guidance is invaluable.

Whether it is a used or new vehicle, it is wise to be accompanied by a legal professional to easily and quickly resolve a dispute following a purchase. A lawyer specializing in hidden automotive defects will ensure that you are guaranteed the best possible protection before your transaction. Depending on the situation, he may request one of the following repairs:

- the refund of part of the purchase price;

- full reimbursement of the price and costs incurred by the sale.

If your lawyer proves that the seller was aware of the defect, he can also seek payment of damages.

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