Canceling a new vehicle transaction – is it possible and in what cases exactly?

Canceling a new vehicle transaction with the assistance of attorney Eddie Blitstein

Attorney Eddie Blitstein has been representing for many years, And with extraordinary success, sues car importers regarding the cancellation of a new car transaction.

Attorney Eddie Blitstein succeeded where many other lawyers failed, and managed to get a new vehicle transaction canceled even when the lawsuit was filed against the largest car importers in Israel.

If you also want Attorney Eddie Blitstein to help you achieve such a result in court, you are welcome to contact our office now:

Is it possible to cancel a new car deal?

Canceling a new car deal is possible. But very complexTo cancel a new vehicle transaction, you will have to file a lawsuit with the court because car importers do not cancel transactions of their own free will, but only if a judicial decision is made that obliges them to cancel the transaction. The reason for this lies in the fact that car importers lose a lot of money if they agree to cancel the transaction because the returned vehicle will no longer be sold as new. Also, car importers fear that if they agree to cancel transactions without the courts compelling them, they will be inundated with many demands from all the dissatisfied customers.

You should take into account that filing a lawsuit to cancel a new vehicle deal takes a long time (usually more than a year) and that there will be cases where the recommendation you receive from the lawyer representing you is to not use the vehicle from the moment you notify the company of your desire to cancel the deal. Using the vehicle after the notice of cancellation of the deal may significantly reduce the chance that the court will grant your request to cancel the deal.

It is also very important to seek the services of a lawyer who specializes in this field. Car claims regularly and knows how to act to increase the client's chances of receiving verdict In which the court orders the car importer to cancel the transaction, take back the car, and return the money to the customer (plus compensation and reimbursement of legal costs).

Is it possible to request cancellation of a new vehicle transaction within 14 days?

The Consumer Protection Law and Consumer Protection Regulations allow a consumer (a private customer and not a business customer) to cancel transactions within 14 days, Subject to certain conditions.

The only case in which a customer can request cancellation of a new vehicle transaction within 14 days of the transaction date is when the vehicle is still It was not received by him and was not registered in his name.The Israeli Consumer Council also emphasizes this. On its website.

If the vehicle was received by the buyer and registered in his name, it will be possible to demand cancellation of a new vehicle transaction subject to one of the cases detailed later in this article, and only by filing a lawsuit in court.

Cancellation of a new vehicle transaction due to vehicle malfunctions

New car with faults This is a classic case in which a transaction can be canceled. However, attention should be paid to a number of important parameters that may increase or decrease the chance that the court will grant a plaintiff's request to cancel a new vehicle transaction.

The first parameter is the type of fault. – The more serious the fault, the higher the chance that the court will order the cancellation of the transaction. For example: if the fault prevents the use of the vehicle, this may be considered a serious fault that may lead to the cancellation of the transaction (for example: a fault in the battery of an electric vehicle that allows Travel range Very low compared to the company's advertising). On the other hand, if it is a minor fault that does not prevent the use of the vehicle, such as a radio that does not work properly, the chance of canceling the transaction is not high (but there is a chance of receiving financial compensation).

The second parameter is when the fault was first discovered. – As time passes, the chance of receiving relief from canceling a transaction for a new vehicle decreases. A two and a half year old vehicle, even though it is still under manufacturer's warranty, is not a new vehicle, and therefore the chance that the court will order the cancellation of a transaction at this stage is low (although not zero).

The third parameter is how many times the fault recurred. – The more a fault is repeated a large number of times, the greater the chance that the court will grant a claim for relief to cancel a new vehicle transaction. It is also important to note the period of time over which the fault recurred. There is a difference between a fault that recurred 5 times in a period of five months and a fault that recurred 5 times in a period of 3 years.

A ruling that can help you in this case:

ת"א 18449/99 שמואל מור נ' דוד לובינסקי בע"מ:

"אין ספק, כי הקונה רכב חדש זכאי לכך שיהא תקין ותואם למצבו של רכב חדש, וכי כל תקלה שאינה נגרמת באשמו וברשלנותו תתוקן בתוך תקופת האחריות ע"י החברה המוכרת, וכי בגין A material defect that cannot be repaired and that is not caused by the fault or negligence of the buyer - the buyer is entitled to receive a new replacement vehicle or to be given a notice of cancellation of the transaction - due to a fundamental incompatibility – הניתנת על ידו מייד עם התגלות הליקוי המהותי האמור, או תוך זמן סביר מהתגלותו, וכאשר הליקוי אינו מטופל ע"י החברה המוכרת."

Cancellation of a new vehicle transaction due to it not being repaired at the garage for a long time

Our office receives many inquiries from customers who have purchased new vehicles, encountered some kind of malfunction, had to come to the company's garage, but the company sometimes does not repair the vehicle. For months On the pretext that the relevant part needed for the repair is not in stock and it is unknown when it will arrive in stock. Electric vehicle malfunctions, and especially when it comes to the electric vehicle battery, we regularly receive this response from representatives of various vehicle importers.

If you encounter such a situation, you should immediately notify the cancellation of a new car transaction. There is no reason for a customer who purchased a new car to wait months (or even several weeks) for a new car repair, even if during that time they were given a replacement car.

A new car is purchased to avoid visits to the garage, and certainly to avoid visits to the garage that disable the car for a very long period of time. A customer who is forced to wait for his new car to be repaired continues to pay for the car in the meantime, the car loses its value, the customer continues to pay insurance, but does not get to enjoy the car.

The most common mistake in these situations is that vehicle owners continue to wait longer and fail to submit within a short time. Financial claim or Civil lawsuit and demand cancellation of the new vehicle transaction, financial compensation, and reimbursement of legal expenses. If it turns out that the car importer is acting in the same way towards a very large group of car buyers, one could even consider Filing a class action lawsuit.

A ruling that can help you in this case:

ת"א 19906-02-13 Brom 58 Import and Marketing Agencies v. Alon Truck Garages (1992):

"I do not believe that the 3rd defendant has proven that the truck was repaired within a reasonable time. Therefore, the plaintiff has the right to cancel the agreement due to non-conformity.Likewise, even if the claim were accepted that an agreement was proven between the parties regarding the repair of the truck by Defendant 3, during which the plaintiff would use a replacement truck, The plaintiff could still have canceled the purchase agreement, as the defendant exceeded the reasonable time to repair the truck.."

Cancellation of a new vehicle transaction due to delivery of a different model than ordered

There are official importers and importers who engage in parallel imports on the market. Parallel import הוא יבוא של רכב שנרכש לעיתים לא מהיצרן עצמו אלא מצד שלישי אשר רכב רכבים רבים מהיצרן, לעיתים "נתקע" עם המלאי ומוכר אותו לגורם אחר. There are also advantages to purchasing through parallel imports..

Vehicles sold by an official importer are not always exactly the same as vehicles sold by an importer engaged in parallel import, even though they may look exactly the same from the outside. When purchasing a vehicle from an importer engaged in parallel import, you should demand to receive exact specifications of the vehicle and the exact sub-model (each model has different sub-models).

A problem that may arise after purchasing a parallel imported vehicle is that it lacks safety features or other features that are present in the exact same vehicle sold by an official importer. In other words, the lack of those features or features may also significantly affect the value of the purchased vehicle.

To the extent that the buyer was presented with a certain specification but was actually provided with a vehicle with different specifications, this allows for the cancellation of the transaction for a new vehicle. In these cases, it can be argued that there was Deception in the sale of a car New. However, even in these situations, cancellation of the transaction should be required as soon as possible after the discovery of the non-conformity. If the vehicle purchaser discovered that there was a non-conformity but did not act immediately, this may be accepted in court as consent by conduct to accept the vehicle despite the non-conformity. In such a situation, cancellation of the transaction for a new vehicle may be a remedy that will be very difficult to obtain in court.

In conclusion

Canceling a new car deal is possible but very complex and will require, in the vast majority of cases, filing a lawsuit in court. Keep in mind that a lawsuit in court usually takes more than a year, and it is always recommended not to use the vehicle during this time in order to increase the chance of canceling the new car deal as part of the judgment.

Cancellation of a new vehicle transaction is possible within 14 days only in those cases where the customer has not received the vehicle and it has not yet been registered in his name.

Cancellation of a new vehicle transaction is possible in cases where faults are discovered shortly after receiving the vehicle, when the importer does not repair the vehicle for a very long period of time (weeks or months), or when the customer is provided with a vehicle of a different model or specification than the order he placed.

It is highly recommended to consult with a car lawyer before filing a lawsuit in court to understand the chances of success and whether there is any need to take any preliminary actions (such as shipping). Warning letter before lawsuit) in order to increase the chances of success.

Frequently Asked Questions Regarding Canceling a New Vehicle Transaction