Published on : 07 November 20194 min reading time
The law gives the consumer a 14-day withdrawal period. This time allows the consumer to cancel the sale of a product and get a refund. It should be recalled that before the Hamont law of 2014, the withdrawal period was 7 days. However, it should be noted that the law does not apply in all situations. Before concluding the purchase of a car, it will be necessary to find out whether it is possible to withdraw before the end of the 14-day period. When the right of withdrawal does not apply, the buyer can always cancel the sale based on the hidden defect guarantee. It can also cancel the transaction by using the legal guarantee of compliance.
Purchase of a new car and withdrawal period
There is no right of withdrawal for customers when vehicles are purchased on site. However, there is an exception, when the buyer does not buy for cash, but takes out a credit to finance the purchase of the vehicle. The financing method is specified on the order form. Under these conditions, the withdrawal period begins from the customer’s order or purchase commitment. When you buy a new car, you must be sure of your choice. Indeed, it is not always possible to retract when the sales contract is signed.
The right of withdrawal applies only to two conditions: the sale of a car on credit or the sale at a distance. According to article L 121-20-12 of the Consumer Code, the buyer has a period of 14 calendar days to apply his right of withdrawal. This allows him to cancel the transaction without having to justify his reasons or incur penalties. The purchase from a dealer prohibits the buyer who is disappointed by his purchase may exercise the withdrawal rights provided for distance sales. The right of withdrawal does not apply to the purchase of new cars at trade fairs or exhibitions.
Buying a used car and withdrawal period
Buying a used car from a private individual does not guarantee the possibility of retraction. The option applies only to certain contracts. However, when significant problems are detected after purchasing the vehicle, it is possible to initiate a hidden defect procedure. Depending on the situation, it is possible to make an objection on the bank cheque used at the time of purchase.
Whether it is a retraction for the purchase of a new or used car, the transaction may not be authorized. The fact is that, according to Article L 131-35 of the Monetary and Financial Code, this procedure is only authorised in the event of loss, theft or fraudulent use. When the used car has been purchased from a professional, there are possible remedies. Indeed, owners of used cars purchased from a dealer have 14 days to retract if the car does not suit them. In the event of withdrawal, the contract of sale or provision of services shall be automatically terminated. The buyer has no compensation to pay.
What is the hidden defect guarantee?
When an acquired car recently breaks down and normal wear and tear does not cause the problem, it can be caused by a hidden defect. However, this concept, which is difficult to interpret, can open the door to remedies once hidden defects have been proven. The seller of the car must guarantee the buyer against hidden defects in the vehicle when they are serious. He must also guarantee the hidden defects of his used car even if he was unaware of its existence. This warranty does not apply only to new items and to the professional seller. The guarantee against hidden defects also applies to the sale of second-hand items even when the transaction is carried out between private individuals.
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