Problems after the purchase of a new car: what remedies?

Purchase, maintenance, sale: the car guide

In case of unpleasant surprises after the purchase of a new car, assert your rights to the professional seller.Here are 4 examples of frequently encountered litigation.

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The delivery time is not respected

Any new car must be handed over to the deadline to which the professional seller has committed to deliver it.

The delivery date is indicated on the order form, which must include the complete name of the vehicle: brand, model and its variant, type and options chosen (decree of June 28, 2000).

If the good mentions the month of provision of the vehicle, it is "deemed to have to be delivered no later than the fifteenth working day of the month mentioned in the sales document".

Follow-up: For contracts concluded from June 14, 2014, the following rules apply in the event of delay in delivery (article L. 138-1 of the Consumer Code).

The consumer can request the cancellation of the order by registered letter with acknowledgment of receipt, in writing or by email:

The sale is canceled upon receipt of the letter by the professional, unless the contract has been executed in the meantime.

The seller must reimburse the entire amount paid by the Customer at the latest within 14 days of resolution of the contract, under penalty of increases:

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Good to know: despite the delay, if the consumer wishes to maintain his order, he will put the professional on notice to deliver him within a given time (under fortnight, for example), by registered mail with request for acknowledgment of receipt.

In return for the inconvenience caused, a commercial gesture can also be requested.

The car delivered is not the one ordered

The professional seller is required to deliver a new vehicle in accordance with the specifications mentioned on the order form: model, color, accessories, etc.(Article L. 211-4 of the Consumer Code).

The procedure: if the vehicle delivered does not comply - color is mat instead of being metallic, for example -, the motorist can ask the seller for the compliant execution of his order or, failing the casesMore serious, its cancellation and the reimbursement of the sums already paid.

On the other hand, in the event of a minor breach, an amicable solution is to be favored.It is easier, faster and less expensive to obtain a commercial gesture (new equipment or additional discount) of the seller than to enter a court.

The car was already registered

According to case law, a car is considered new if it has never been registered.Consequently, if an already registered vehicle is sold as new, there is deception (judgment of January 24, 1996 of the criminal chamber of the Court of Cassation, appeal n ° 93-83.830), even if it did not circulate.

This is an offense punishable by a fine of a fine of € 300,000 and/or two years in prison (article L. 213-1 of the consumer code) for the offenses committed since March 18, 2014.

The deception can also constitute a "vice of consent", provided that the consumer would not have bought the vehicle if he had been aware of the information (article 1116 of the Civil Code).

Follow -up: if a vehicle sold for nine turns out to be a so -called "employee" or exhibition car having already been registered, the consumer can request the seller a price reduction, or even the cancellation of contract.

The car does not work

Bought new, a car benefits from legal and commercial guarantees, which simplifies appeals.

The procedure to follow: its owner will ask the professional seller for support for repairs under the title, as the case may be:

In the event of failure, the buyer can contact the manufacturer, especially if Internet forums reveal problems on this series for example.The objective of the amicable negotiation will consist in obtaining the management of repairs, or even in the most serious cases, that is to say when the safety of the driver and passengers is endangered, the replacement of the vehicle.

Jurisprudence: the judges qualified as hidden defects the faults of the gearbox of a car bought new because the brand of this high -end model bases its reputation on the pleasure of driving (Court of Cassation, Civil Chamber I, 12May 2011, appeal n ° 10-13.739).

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