How to get the right to send your car for scrap ...
Stéphanie finds on Leboncoin an ad for a used Megane Renault (10 years and 130,000 km on the odometer), at a price of 2290 euros.
Thinking of getting a good deal, she contacted the seller, SARL Biche, who gave her an appointment at a parking lot.
Stéphanie commits the reckless act of not trying the car before buying it, contrary to the recommendations of many consumer sites.
She signs the papers necessary for the purchase in the seller's apartment, and leaves behind the wheel of the car, without knowing that she risks an accident.
An expert called upon to examine the vehicle will in fact note "significant wear of the brake pads, the malfunction of the third brake light, a broken steering rack, significant play in the upper engine support, a set of broken stones, improper attachment of the front bumper ...".
He will specify that "the defect noted on the steering rack has direct consequences on the behavior of the vehicle", and will write to Stéphanie "especially not to use this one as it is".
Stéphanie is therefore the owner of an unusable car, which she cannot register, but for which she must pay insurance.
Three days after the purchase, finding that it was "shady", she asked the seller to take it back, which she refused.After the appraisal, she assigned Sarl Biche, in order to obtain the resolution of the sale, for hidden defect.
The proximity judge of Sucy-en-Brie (Val-de-Marne) recalls that under article 1641 of the civil code, "the seller is bound by the guarantee, because of the hidden defects of the thing sold, which makes it unfit for the use for which it is intended, or which reduces this use so much, that the buyer would not have acquired it, or would have given only a lesser price, if he had known them " .
Posted Date: 2020-07-10