קניית רכב אחרי תאונה מבלי שהמוכר מגלה זאת לקונה הפכה להיות "מכת מדינה" בשנים האחרונות, והכל מכיוון שהמוכרים רוצים להרוויח כמה שיותר כסף בגין מכירת הרכב. תופעה זאת מתרחבת מכיוון שאנשים רבים לא מעוניינים לשלם עבור בדיקת הרכב לפני הרכישה במכון לבדיקת רכבים (בדיקה שעולה לרוב כמה מאות שקלים), ולעיתים מנוצל חוסר ניסיונם ותמימותם של הקונים שנוטים להאמין לכל מה שהמוכר מספר להם.
It is important to know that after buying a car after an accident, it is not easy to cancel the deal with the seller, and this will usually require the buyer to submit Lawsuit against a car dealer or A lawsuit against the private person who sold him the vehicle.
For this very reason, it is always a good idea to inspect the vehicle before purchasing it to reduce the risk of someone Will sell you a car after an accident?Remember – much cheaper. Check the vehicle before purchasing itAnd, if necessary, forgo purchasing the vehicle if you discover that it has been in an accident or has other defects, as opposed to actually purchasing the vehicle and discovering afterwards that the vehicle was involved in an accident. Lawyer's fees that you will have to pay to handle the claim, and the time you will spend to Cancel the car deal, will be very significant, and will exceed many times the hundreds of shekels you will pay for the vehicle inspection at the vehicle inspection institute.
The problem with buying a car after an accident
Let's say you are a few days after buying a car from a car dealer after an accident. The car dealer did not disclose to you in advance that the car was involved in an accident (not missing Rogue car dealers), and yet you discovered it yourself. You probably think you can notify the merchant of a transaction cancellation within 14 days by virtue of Consumer Protection Law, and the merchant is obligated to refund your money. You are wrong!
This is a common mistake that stems from a lack of legal knowledge or sometimes incorrect legal advice given by a person who is not familiar with the provisions of the law.
The Consumer Protection Law does not apply to used car transactions at all, and therefore a used car transaction cannot be canceled within 14 days.
The Consumer Protection Law will not help you even after buying a car after an accident from a private individual because the provisions of the Consumer Protection Law apply only between a consumer and a dealer (usually a business that is a licensed dealer or a company).
משמעות הדברים היא שלאחר קניית רכב אחרי תאונה, אם ברצונכם לבטל את העסקה, וגם אם אתם צודקים ובאמת עבדו עליכם, תצטרכו לפנות לבית המשפט. סוחרי הרכבים מודעים לכך וזה לא תמיד מטריד אותם משום שכל עוד לא ינתן verdict Against them that would require them to cancel the deal, they are not obligated to do anything (not to cancel the deal or even to pay you financial compensation).
Whether it's a car dealer or an individual who sold you a car after an accident, their goal will be to prolong the legal process as much as possible. The average time it takes to resolve this type of claim is usually between one and two years.
During this period, you will continue to pay money for the vehicle to the financing company (as long as you took out a loan to purchase the vehicle) and you will not be able to sell the vehicle, because then you will not be able to demand cancellation of the transaction in court (because you will not be able to return the vehicle to the seller).
Another problem that may arise is vehicle malfunctions resulting from the accident the vehicle was in. In such a situation, as long as you have the vehicle, you will be forced to pay additional money to repair the vehicle, so that you can use it during the management of the claim.
After buying a car after an accident, can it be sold to another person?
As you have read so far, the biggest problem after buying a car after an accident is that in order to cancel the deal, you will usually have to file a lawsuit in court. Such a lawsuit will take a considerable amount of time to resolve and will cost you quite a bit of money.
Under these circumstances, many buyers try to minimize their damages and sell their vehicle to another person, hoping to recoup as much of their financial investment in the vehicle as possible.
It is important to know that there is no obstacle to reselling a vehicle after an accident, as long as you disclose to the potential buyer all the details and data that you know about the condition of the vehicle. In these circumstances, it is also worth making sure that the buyer signs a document that explicitly states that the vehicle has been in an accident and that the buyer declares that he knows this and will not have any claims in this regard against the seller.
Another option that many people choose, and make a big mistake, is selling the vehicle they bought to another innocent person, without revealing to the buyer that the vehicle was involved in an accident. In this way, the vehicle is sold for a relatively high price, but what the seller doesn't understand is that after the buyer discovers that it was worked on, he will file a lawsuit, so in effect we are in a circular problem that will expose the fraudulent seller to legal action every time the vehicle is sold without the seller discovering that it was involved in an accident.
What to do after buying a car after an accident?
After buying a car after an accident, without being told about it, and immediately after you find out about it, it is important not to despair. Although you have a long and difficult road ahead of you to reach a situation where the transaction is canceled, it is certainly possible, and if you act correctly, you will significantly increase your chances of success in court.
First step – immediate notification to the seller of transaction cancellation
Immediately after buying a car after an accident and discovering this detail, you must notify the seller in writing that you demand to cancel the transaction. It is important to notify in writing and not just verbally, so that you have documentation that you can present in court. The best way to provide such a notice is by sending a WhatsApp message because the message will reach the seller immediately (unlike registered mail), and if the seller responds, you will have complete documentation and everything in one place that allows you to export all the correspondence very easily.
As part of the notice of cancellation of the transaction, you do not need to detail all the facts, because this is not a claim, but it is enough to state that you discovered that you were sold a vehicle after an accident and you demand that the transaction be canceled.
Step Two – Negotiating with the Seller Before Filing a Claim
There are advantages to finding solutions with the seller before filing a claim. For example: Let's say a seller agrees to refund you 95% of the amount you paid for the vehicle. It may be worth considering such an offer positively.
The meaning of the offer is that you will get most of the money back in a short time and will not have to spend a lot of time pursuing a lawsuit and will not have to pay significant amounts of money to a lawyer to represent you.
Also keep in mind that not every claim is always accepted in court, even if it seems like you are completely right. There is always a chance of losing in court, and this issue cannot be ignored.
Step Three – Contact a Lawyer
If, after buying a car after an accident, you were unable to reach an agreement with the seller about canceling the deal, there is no escape from contacting a lawyer. It is highly advisable to contact a lawyer who deals with the handling of Car claimsThis is an area that requires familiarity with the relevant case law and legislation, and not every lawyer will be able to represent you well in this area.
Usually, the lawyer will first send Warning letter before filing a claim If the matter is not resolved to your satisfaction after sending this letter, the lawyer will file a Claim To the court and detail how you were made to purchase a vehicle after an accident, without your knowledge.
In conclusion
Buying a car after an accident may cause the buyer great harm because the vehicle is actually worth much less than the buyer paid for it.
The problem for the buyer is that after buying a car after an accident, he cannot notify the cancellation of the transaction within 14 days, because the Consumer Protection Law does not apply to transactions for the purchase of a used car.
After buying a car after an accident, and immediately after you discover that you were cheated and sold such a car without informing you first, you must contact the seller and notify them of the cancellation of the transaction. If you are unable to reach an agreement with the seller regarding the return of the car and receiving your money back, you will need to hire the services of Automotive Lawyer who deals with vehicle claims for the purpose of filing a claim.
