Used vehicle bought from a professional
the guarantee of conformity is extended from six months to one year
As a professional purchaser of a used vehicle suffering from any disorder, you had until now a period of six months during which any problem affecting the vehicle is presumed to exist at the time of your purchase.
In the event of non-compliance of your vehicle, the seller must: – remedy it, either by repairing or replacing it or, – if the problem cannot be remedied, return part of the sale price to you or take back the vehicle and return the full sale price to you, in addition to indemnifying you for any damage suffered.
The professional seller can not be released from this guarantee unless he demonstrates that the problem finds its cause after your purchase, that is to say of your doing, this case is however exceptional.
Now, since an ordinance of September 29, 2021, amending article L217–7 of the Consumer Code, the period of presumption of the existence of disorders on the day of the sale has been increased from six months to one year for the purchase of » a second-hand item (as a reminder, this period is two years if the vehicle is new).
Thus, you legally benefit from a one-year « trial » period, during which you can take action against your professional seller if you cannot use your vehicle normally. It doesn’t matter whether your vehicle is old or mileage. It does not matter whether the seller has stipulated a contractual guarantee for a period of three or six months less than the legal guarantee of conformity. For one year, the presumption of non-conformity weighs on your professional seller in the event of the appearance of disorders.
What lessons can be drawn from this extended warranty? First, wait until January 1, 2022, the date of application of the ordinance, to buy a used vehicle, which will allow you to take advantage of this extended warranty.
Then, decide to buy a vehicle from a professional in order to benefit from this presumption. Indeed, the presumption of the existence of disorders on the day of the sale does not weigh on the private seller.
Admittedly the latter owes the guarantee of conformity and hidden defects, but on the condition that you demonstrate that the disorder or its germ was prior to the sale and again, provided that it does not result from normal use (Which excludes old and mileage vehicles normally maintained and driven).
These legal guarantees weighing on the private seller will therefore not apply if you do not provide this proof, and if the disorders result from normal use. Thus, buying a professional gives you a certain and extensive guarantee.
If you find yourself in the situation we have just described, it is essential that you contact the expert automotive lawyer, who will be able to advise you usefully and effectively.
Used vehicle bought from a professional
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