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In which cases am I in the presence of a latent defect ? Can I get compensation? How ?
WHAT IS A HIDDEN DEFECT?
This is a non-apparent defect which renders the vehicle unsuitable for circulation on public roads. During the sale, if these conditions are met, we can obtain its cancellation and/or damages depending on the case.
WHAT IS THE RIGHT REFLEX?
Go to see his lawyer so that he assigns the seller before the court of summary procedure and thus obtains the appointment of an expert. This professional must establish that the defect existed at the time of purchase and demonstrate the presence of the hidden defect.
HOW LONG DO I HAVE?
With a term of 2 years. A word of advice: act quickly. It is indeed difficult to go before a court and alleviates the non-use of the vehicle because of the defect, when it has been used for 6, 7 or 10 months.
WHAT CAN I GET?
In addition to the nullity of the sale, one can obtain damages. The professional seller, who is supposed to know the defects affecting the vehicle, will almost always have to compensate. In the presence of an individual, it will be necessary to demonstrate his knowledge of the defects affecting the vehicle during the sale.
SHOULD I NOTIFY MY INSURANCE?
This approach is recommended because you can thus benefit from the payment of your lawyer’s fees and often from the provision of a replacement vehicle. However, double compensation cannot be obtained; if you can’t use the purchased vehicle, you won’t be able to get the compensation awarded by the courts and the loan from the insurer.
DAMY law firm , Nice, I bought a used vehicle with a hidden defect, Update 2022
