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Selling a vehicle - New owner comebacks.


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Seems to be happening more and more these days where someone sells a vehicle in good faith only to have the new owner coming back seeking compensation for faults found after purchase.

This downloadable form was posted on a bike forum I frequent and may help in these situations.

I'm no expert on this so don't shoot the messenger.



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When you sell a second hand vehicle, you are liable for latent defects which subsequently come to light.  The defects must be of such importance that if the buyer had been aware of their existence at the time of purchase, he would not have bought the vehicle or would have offered a lesser amount for it.

This liability includes defects that you weren't aware of - unless you specifically stipulate that you do not provide a guarantee.  The standard 'contrat de vente d'une voiture d'occasion entre particuliers' that you've linked to contains such a guarantee exclusion clause thereby absolving you from liability. A Google search will bring up pages of websites offering downloadable examples of the contract.

Note that if you were aware of the faults and failed to disclose them to the buyer at the time of the sale, then the guarantee exclusion clause does not apply.



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