Normal wear and tear is not a hidden defect …
The vehicle (car, motorcycle, truck, camper van, etc.) that you have just bought or sold has a problem (gearbox motor, body brakes, etc.) making it unsuitable for its destination.
This vehicle is old, it has significant mileage but it worked normally …
If You Are The Seller, The Buyer Asks You Either For The Return Of The Price Or To Bear The Cost Of Repairs.
If You Are A Buyer, You Request Either The Refund Of The Price Or The Payment Of The Repairs That Are Required.
Please note: the warranty against hidden defects due by the seller only applies if the defect, the disorder noted, is related to abnormal wear, abnormal conduct or lack of maintenance.
If the disorder is the result of obsolescence, abnormal wear and tear, no warranty is due.
So, How Do You Know If It Is A Hidden Defect Or An Obsolete Problem?
In a judgment of 20/5/2020, relating to a file where the 11-year-old and 337,882-kilometer vehicle exhibiting significant non-apparent oxidation, was considered dangerous by the experts, the Court of Cassation noting that it was not demonstrated that the disorders would be due to abnormal wear, validated the judgment of the Court of Appeal which had deduced that, taking into account the mileage and the age of the vehicle which the buyer should normally expect, the warranty hidden defects was not due.
Thus, anyone who buys an old vehicle with mileage will only benefit from the hidden defects guarantee if it demonstrates that the disorder is the result of abnormal wear, in particular a manufacturing defect, a lack of maintenance or improper driving.
The older the vehicle and the mileage, the more difficult it will be to remember that age-related wear is a hidden defect …
It will be necessary to prove that the age or the mileage does not explain the disorder (be careful, a single contradictory expert report will not be enough, on its own, to demonstrate the defect).
It will be a matter of circumstances and the quality of the expert’s conclusions (preferably judicial).
It will also be a matter of the quality of the seller: it will be easier to remember hidden defects when the seller is a professional, who must in particular provide information on the predictability of the disorders to arise.
It will also be a matter for the court, as it is not a priori obvious that brake pad wear can be considered by a court to have a hidden defect! but this is what was retained …
So when it comes to an older vehicle with significant mileage, there is no certainty.
Otherwise that of seeking advice from a lawyer specializing in the matter who will be able to seek the advice of a competent and experienced expert.
Le cabinet d’avocats SIRET & Associés, specialized for 40 years in automobile law is at your side to advise you and guide you in your steps.
AVOCAT BORDEAUX GUARANTEE OF HIDDEN DEFECTS AUTOMOTIVE
Our secretary will advise you on how to make an appointment with one of our specialized lawyers.
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