It is always difficult to take a used vehicle salesperson’s word for word. It happens that the car does not correspond to what was sold, mainly when the sale was concluded between individuals. A difficult situation, especially when a car loan was requested to finance the vehicle.
Let’s take a look at the good reflexes to have in order to avoid any unpleasant surprises. We will then see what remedies are possible in case of delivery of a non-compliant car.
Buying a used car between individuals: advice and guarantees
Buying a car from an individual is always tricky, whether it is a used car loan or a cash purchase. Does the vehicle conform in all respects to the description made by the seller? Without necessarily questioning your word, it is always important to check the following points before buying a used car:
- A recent technical check (less than 6 months)
- The certificate of administrative situation
- The maintenance book
- Invoices for repairs carried out on the vehicle
The guarantee of hidden defect
The guarantee against hidden defects, dictated by article 1641 of the civil code, provides for recourse in the event of a vehicle unfit for use . It is possible to exercise this warranty for 2 years from the date of purchase. The defect concerned must not be visible to the eye, and must be prior to the date of purchase.
The action brought by invoking a hidden defect can give rise to the cancellation of the sale, leading to a refund, or to a reduction in the purchase price. This is the only real guarantee in the case of a second-hand vehicle purchase after an individual.
Guarantees in case of purchase from a professional
The hidden defect guarantee also applies in the event of purchase from a professional . It is added to a guarantee of conformity. This additional warranty provides for repair or replacement of the vehicle if it is found that it does not match what was sold. Valid for 2 years, the conformity guarantee applies to any purchase of new or used cars from a professional, including under an LOA contract.
Resellers are also keen on additional warranties. It is important to carefully read a contract offering additional guarantees, in order to determine its interest in the risk. It is also interesting in some cases to negotiate an additional guarantee on certain parts at no additional cost.