The judicial procedure for cancellation of sale in case of hidden defect or lack of conformity of a used vehicle
Contact téléphone 02 51 05 38 23 et Mail : jsiret@siret-associes.com
The motor vehicle, motorhome, motorcycle etc. you just bought is in serious disarray, immobilizing it and forcing you to consider a lawsuit against the seller.
If this disorder results from the normal wear of a part that does not last for the entire life of the vehicle (distribution, shock absorber, brake discs, clutch etc…), you will have no recourse (unless you have a contractual guarantee guaranteeing this kind of failure).
If the origin of the disorder is due to a hidden defect or lack of conformity, you must demonstrate the existence and importance of this disorder, which must make the vehicle unsuitable for its destination.
Your first task will be to provide you with irrefutable evidence.
This proof cannot be provided by a statement of disorder or a diagnosis made by a garage owner.
It can no longer be established by a single amicable, even contradictory, expert opinion, which, in order to demonstrate the importance of the disorder will have to be corroborated by another piece of evidence (it may be mail or SMS exchanges, accepting the disorder, press articles or documents from the manufacturer)
Admittedly, a serious amicable expert’s report from a competent expert may lead the seller to accept the conclusions of this report. But, if this acceptance is not given, it will not be sufficient to demonstrate the existence and importance of the defect.
Be careful, however, the engagement of an amicable expert opinion does not interrupt the limitation period , which can be 2 years from the knowledge of the defect: opt instead for the judicial expert opinion which interrupts the time.
It will then be appropriate to have a judicial expert appointed by the judge of the Court of Justice, who may be the one of your opponent’s domicile or that of the place where the vehicle is deposited, that is to say, in almost unanimous cases, your domicile.
The legislator requires you to submit your request for judicial expertise through a lawyer who will write a summons to obtain this designation that he will have issued to your opponent (s) by a Commissioner of Justice.
Approximately three to four months between the agreement of the mission by the lawyer and the appointment of the judicial expert by the Tribunal, which can be increased if one of the parties does not have its residence in French territory.
The judge will ask you to register a sum usually between 2500 and 3000 € in provision on the expert’s fees, which amount can, if you benefit from legal protection, be advanced by it in whole or in part.
The requirements of the expert’s report (additional examination, opening of the engine, oil analysis, appeal to another party) may lead to the payment of an additional provision.
Once the deposit has been paid within the time limit set by the court, the latter shall inform the judicial expert designated by it of its mission.
It is also from this information that the starting point of the period allowed to the judicial expert to carry out his mission begins, usually six months. This six-month period may, however, be extended if the expert submits a request to the court and justifies it by explaining why his mission cannot be completed within the time limit.
Often these requests for extensions are made when multiple in-depth investigations must be conducted and require several meetings of experts or appeal procedures involving other parties.
Once the judicial expert has been informed of his appointment, it will still take two to three months for the expert to schedule a first meeting in agreement with the parties concerned, their lawyer and amicable expert, Time frame which varies according to the availability of the Judicial Expert.
A Tip: a case is won or lost during the expertise: so always be assisted by the amicable expert of your choice.
Perhaps the legal protection, at the expense of the latter.
However, we advise you to choose an Expert, advised by your lawyer.
You will have to advance fees for this assistance by an amicable expert, but these constitute an investment that will be reimbursed on invoice by the losing party if the report is favorable.
On the day of the expert’s report, the expert will recall the mission given by the judge, request from the applicant to the expert a statement of the chronology of the facts, reasons and subject matter of his application, then the defendant to give his own version.
Then, he will examine the vehicle in a contradictory way, if necessary by proceeding to a partial disassembly. Everyone can express their point of view and ask for this or that investigation.
At the end of this technical examination, the expert may or may not give an overview of his opinion or indicate the need to carry out examin
In the first case, it will specify that it will give its initial conclusions in a preliminary report, which it will usually send within one month. The parties will then have a period of one month from receipt of the preliminary report to make comments or criticisms of the conclusions.
In the second case, it will communicate the result of the analyses, examinations, complementary, will proceed to a second meeting, which will respect the form of the first meeting, then it will also deposit there a pre-report at the end of all its investigations.
This pre-report is important because it determines the rights of each. It is not, however, irrefutable, since the expert only gives an opinion that the judge is not obliged to follow, which happens.
It allows negotiations to be considered in order to reach an amicable transaction (a year or even 1 year 1⁄2 will already have passed since the beginning of the file )
In the absence of such agreement, the proceedings will continue, judicially by initiating a proceeding before the Tribunal, which will give rise to exchanges of conclusions or arguments by the Lawyers, The submission of supporting documents, which will end with a closing order setting a date for oral argument.
Once a closing order has been made, the parties are no longer permitted to present new arguments, claims or supporting documents.
The Tribunal will hear counsel based on the findings and evidence already provided, will put the judgment under deliberation to consider the case and will generally give a two-month judgement.
A year and a half ( or more if procedural incidents are brought before the judge responsible for putting the case in order )will still have passed. The judgment is enforceable, which means that even in an appeal, the amounts set by the Tribunal must be paid by the person convicted.
If the judgment does not satisfy you or your opponent, there is a possibility to appeal which will result in a ruling within two years…
In any case, get assistance from an expert lawyer who, with his experience and competence, will be able to enlighten you and advise you effectively.
The legislator requires you to submit your request for judicial expertise through a lawyer who will write a summons to obtain this designation that he will have issued to your opponent (s) by a Commissioner of Justice.
Approximately three to four months between the agreement of the mission by the lawyer and the appointment of the judicial expert by the Tribunal, which can be increased if one of the parties does not have its residence in French territory.
The judge will ask you to register a sum usually between 2500 and 3000 € in provision on the expert’s fees, which amount can, if you benefit from legal protection, be advanced by it in whole or in part.
The requirements of the expert’s report (additional examination, opening of the engine, oil analysis, appeal to another party) may lead to the payment of an additional provision.
Once the deposit has been paid within the time limit set by the court, the latter shall inform the judicial expert designated by it of its mission.
It is also from this information that the starting point of the period allowed to the judicial expert to carry out his mission begins, usually six months.
This six-month period may, however, be extended if the expert submits a request to the court and justifies it by explaining why his mission cannot be completed within the time limit.
Often these requests for extensions are made when multiple in-depth investigations must be conducted and require several meetings of experts or appeal procedures involving other parties.
Once the judicial expert has been informed of his appointment, it will still take two to three months for the expert to schedule a first meeting in agreement with the parties concerned, their lawyer and amicable expert, Time frame which varies according to the availability of the Judicial Expert.
A Tip: a case is won or lost during the expertise: so always be assisted by the amicable expert of your choice.
Perhaps the legal protection, at the expense of the latter.
However, we advise you to choose an Expert, advised by your lawyer.
You will have to advance fees for this assistance by an amicable expert, but these constitute an investment that will be reimbursed on invoice by the losing party if the report is favorable.
On the day of the expert’s report, the expert will recall the mission given by the judge, request from the applicant to the expert a statement of the chronology of the facts, reasons and subject matter of his application, then the defendant to give his own version.
Then, he will examine the vehicle in a contradictory way, if necessary by proceeding to a partial disassembly. Everyone can express their point of view and ask for this or that investigation.
At the end of this technical examination, the expert may or may not give an overview of his opinion or indicate the need to carry out examinations to the complementary analyses, which will cause a new meeting.
In the first case, it will specify that it will give its initial conclusions in a preliminary report, which it will usually send within one month. The parties will then have a period of one month from receipt of the preliminary report to make comments or criticisms of the conclusions.
In the second case, it will communicate the result of the analyses, examinations, complementary, will proceed to a second meeting, which will respect the form of the first meeting, then it will also deposit there a pre-report at the end of all its investigations.
This pre-report is important because it determines the rights of each. It is not, however, irrefutable, since the expert only gives an opinion that the judge is not obliged to follow, which happens.
It allows negotiations to be considered in order to reach an amicable transaction (a year or even 1 year 1⁄2 will already have passed since the beginning of the file )
In the absence of such agreement, the proceedings will continue, judicially by initiating a proceeding before the Tribunal, which will give rise to exchanges of conclusions or arguments by the Lawyers, The submission of supporting documents, which will end with a closing order setting a date for oral argument.
Once a closing order has been made, the parties are no longer permitted to present new arguments, claims or supporting documents.
The Tribunal will hear counsel based on the findings and evidence already provided, will put the judgment under deliberation to consider the case and will generally give a two-month judgement.
A year and a half ( or more if procedural incidents are brought before the judge responsible for putting the case in order )will still have passed. The judgment is enforceable, which means that even in an appeal, the amounts set by the Tribunal must be paid by the person convicted.
If the judgment does not satisfy you or your opponent, there is a possibility to appeal which will result in a ruling within two years…
In any case, get assistance from an expert lawyer who, with his experience and competence, will be able to enlighten you and advise you effectively.
Le cabinet Siret et associés, installé depuis plus de 40 ans dans le Grand Ouest, et disposant de 3 bureaux principaux, à Bordeaux, Aurillac, La Roche sur Yon.
The judicial procedure for cancellation of sale in case of hidden defect or lack of conformity of a used vehicle
Nos implantations : CHALLANS – LA ROCHE SUR YON – POUZAUGES – BORDEAUX – AURILLAC
Contact téléphone 02 51 05 38 23 et Mail : jsiret@siret-associes.com
SELARL SIRET & Associés – RCS 390 567 519
Numéro d’Identification Intracommunautaire FR 90390567519