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Errors and omissions in repairs
Errors and omissions when buying / selling
Require price reductions
We have experience with disputes in connection with the purchase and sale of vehicles. Especially cancellation of purchases. If you have problems with other types of motor vehicles, the same rules apply.
In agreements on the purchase and sale of vehicles, either the Purchase Act or the Consumer Purchase Act apply, depending on who is the buyer or seller. The Consumer Purchase Act gives the buyer better rights than the Purchase Act.
Cancellation of purchases
A vehicle that has been in use for several years before it is sold, and perhaps disposed of by several, it goes without saying that can easily be damaged. As such, it is not surprising with all the conflict. But there are also many indications that buying and selling a car is an area where people's ethics are not always the best.
Many people sell vehicles with faults that they know about, and thus knowingly and intentionally inflict a problem on another human being. There are also some buyers who buy well-used vehicles and expect it to be in just as good condition as new. A vehicle also normally costs a lot of money. And what you have spent a lot of money on, you do not take lightly.
Cancellation of car purchases between private individuals and cancellation of car purchases from a dealer follow different regulations. The most common pitfalls on the road to canceling a car purchase, however, apply in both situations.
Advertise on time
A "classic" is that a complaint is made too late or that a dispute arises as to whether the requirements for a complaint have been met. Our advice is to complain as soon as you discover an error. Also advertise if you are unsure of what is wrong and what the scope is. If so, explain what the symptoms are.
To avoid doubt as to whether you have complained or not, you should at least use the word "complaint" and only contact us in writing. You cannot prove that an oral complaint has been sent. Two to three months from the time you discovered or should have discovered the defect is the longest you can wait.
However, if it may seem like you're too late to advertise, all hope is not lost. Get in touch and we will make a free assessment of whether there is still a possibility.
Do not correct mistakes yourself
Another pitfall is that you try to correct a mistake yourself, and then make a claim for cancellation. However, according to the law, the seller has the right to try to correct the error himself and does not have to accept cancellation in such a situation.
There is also reason to emphasize that you must not accept a request from the seller to repair / correct the defect if you want to cancel the purchase. In this case, lifting must take place on the basis of the condition after the repair.
The seller's right to try to repair is worth considering when buying a vehicle elsewhere in the country than where you live. It can be costly with shipping throughout the country for the seller to have the opportunity to make repairs.
The starting point is in fact that the seller has the right to try to correct the same error twice before you can demand to cancel the purchase. However, there are exceptions to this.
Information on the condition of the vehicle
The key issue in cases of cancellation of purchase, both in the case of a claim for cancellation after purchase from a dealer and in the case of a claim for cancellation after purchase between private, is usually what information you received about the condition when you bought it.
Most vehicles are sold with a "as is" reservation, which means that you take over the vehicle in the condition it is in. But the seller can not withhold information about the condition of the vehicle and he can of course not give incorrect information about it. Then the mentioned reservation no longer applies.
Only the defects that the seller is not aware of, for which you take the risk.
Disputes often arise about what one knew or did not know. It is not uncommon to also encounter that you have examined the vehicle or have been encouraged to do so, and thus had to be aware of the fault in the vehicle. Then there is the question of how much one should understand based on a specific information that is given.
The buyer has strong protection in law
Although there are many pitfalls, it is important to emphasize that the buyer has strong protection in law. Consumer protection in particular is strong. You are a consumer if you have bought from a retailer. A consumer can raise if the vehicle has a defect that is not "insignificant".
If you have bought from a private individual, the wording is that the defect must be "significant". Based on a natural linguistic understanding of the formulations mentioned: Do you have the right to demand cancellation of the purchase?
For consumers, the rule of thumb is that you can demand cancellation if the defect amounts to approximately 20% of the purchase price.
Also be aware that even if the threshold for raising is not reached, you may be entitled to a significant price reduction.
What happens if the purchase is canceled?
Upon termination, the parties' obligation to fulfill the agreement lapses. In practice, the vehicle is returned and the purchase price is returned. If you have had a significant benefit from the vehicle, compensation must normally be paid for this.
On your car insurance, you have legal aid coverage for your legal expenses. If you have such coverage, you normally pay only 20% of the costs incurred in the case. We help you investigate whether your insurance covers the lawyer's costs.
Contact us to meet the complaint deadline, and promote claims against the seller.