A person who is considering filing a claim for the sale of a defective vehicle is a person who has invested a significant amount of money in purchasing a new or second-hand (used) vehicle and is forced to discover in retrospect that he must invest additional amounts of money to repair defects in order to be able to use the vehicle. In most cases, that buyer would not have purchased the vehicle at all if the seller had disclosed to him in advance that the vehicle had any defects, and sometimes the buyer would have agreed to purchase the vehicle, despite the defects, but at a significant discount compared to the required price.
תביעה על מכירת רכב לא תקין אינה תמיד תמיד פשוטה משום שבחלק מהמקרים מדובר במילה של הרוכש מול המילה של הקונה. במקרים שבהם בית המשפט נאלץ להכריע על בסיס "מילה נגד מילה" ישנו סיכוי גבוה שתדחה תביעה על מכירת רכב לא תקין, משום שלא תמיד בית המשפט יוכל להכריע מי צודק.
In order to file a claim for the sale of a defective vehicle, you must go to court with evidence that proves that the seller did not disclose to the buyer that the vehicle had various defects. In this article, I will explain what evidence can help the plaintiff win his claim. In any case, it is worth consulting with Automotive Lawyer Before filing such a claim.
The ad posted by the seller online or on the vehicle
In the case of a used vehicle (second-hand), the buyer should always document the advertisement published by the seller. The advertisement can be affixed to the vehicle itself or posted online. Sometimes the seller publishes an advertisement for the sale of the vehicle on several websites, and sometimes the seller uses different wording. It is very useful to document all the wording of all the advertisements.
In the vast majority of cases, sellers do not mention in their ads that the vehicle they are selling has one defect or another, because this will significantly reduce the number of inquiries and will also force the seller to quote a much lower price in order for people to come and inspect the vehicle.
In a lawsuit for the sale of a defective vehicle, such ads may constitute important evidence that indicates the seller's deception, and the more serious the defect in the vehicle, the more serious the deception will be considered.
Correspondence and recordings of conversations between the seller and the buyer before and after the transaction
במסגרת תביעה על מכירת רכב לא תקין ניתן לעשות שימוש הן בהקלטות שיחות והן בתכתובות (וואטסאפ, SMS, דוא"ל) בין המוכר לרוכש. תכתובות והקלטות אלה עשויות לסייע מאוד לשופט להבין איזה נתונים מסר המוכר לרוכש. הדבר עשוי להיות משמעותי במיוחד אם הרוכש שאל את המוכר על תקלות ברכב והמוכר ענה לו שאין תקלות.
This data can be attached to a claim for the sale of a defective vehicle using screenshots or a transcript of the recorded conversations along with the recording itself.
It is important to know that you can also file a claim for receiving New car with faults And in this case too, correspondence and recordings of conversations with the importer's representatives may be particularly relevant.
The vehicle's maintenance history
As the owner of the vehicle, you are entitled to go to any garage that has serviced the vehicle and ask to receive the service history. If it is a relatively new vehicle, it can be assumed that at least in the first few years it was serviced at the importer's garage, and therefore it is usually sufficient to go to one of the importer's garages to receive the vehicle's full service history, even if the vehicle was serviced at several importer's garages.
In the maintenance history, you can check whether the fault you discovered after purchasing the vehicle was present in the vehicle before it was sold. In at least one case handled by our office, it turned out after filing a claim for the sale of a defective vehicle that the vehicle had been serviced at a garage for the exact same fault that the buyer discovered, shortly before the sale.
That is, in that case there was no doubt that the seller was aware of the defect and did not disclose it to the buyer. This conduct indicates Extreme bad faith.
Summoning the mechanics who handled the vehicle to give testimony
If you discover a suspicious item in the vehicle's service history, it's a good idea to call the garage immediately (and of course record the conversation) and try to find out who serviced the vehicle and whether they remember the problem. You may find that the mechanic explicitly explained to the seller that it was a serious problem and that the repair that was made (if it was made) was intended to provide a temporary solution.
In such circumstances, after filing a lawsuit for the sale of a defective vehicle, you can demand that the mechanic be summoned to testify, so that he can repeat the explanation he gave you over the phone in court.
Vehicle insurance claims history
It is possible that the source of the problem in the defective vehicle sold to the buyer is an accident that the vehicle was in in the past. If the accident was reported to the insurance company, you can find out about this through the insurance companies' clearinghouse website. For a fee of 10 shekels, you can receive the insurance claims history of the vehicle sold to you.You cannot do this test yourself. Before purchasing the vehicle Because the data is only provided to the vehicle owner.
Another important detail you can check using this form is whether the vehicle has been declared by insurance companies. Legally lost vehicleA vehicle is a loss in principle. A vehicle that has been in an accident A serious accident or a very high repair cost, and the repair is not justified in light of the value of the vehicle. The value of vehicles in loss status is generally very low, so this essential detail tends to be hidden.
If, in a lawsuit over the sale of a defective vehicle, it turns out that the vehicle was in an accident and this was not disclosed to the buyer before the purchase, there is a very high probability that the court will order Canceling a car sale transaction The subject of the lawsuit will require the seller to pay monetary compensation, legal costs and attorney's fees.
Witnesses who were present with you at the time of purchase
על מנת להימנע ממצב של "מילה נגד מילה" במסגרת תביעה על מכירת רכב לא תקין כדאי תמיד להגיע עם אדם נוסף לביצוע רכישת הרכב. חשוב שגם אותו אדם יהיה מודע לפרטים שנמסרו לרוכש על ידי המוכר, כך שאם אכן יהיה צורך בהגשת תביעה על מכירת רכב לא תקין, אותו אדם נוסף יוכל להגיע לבית המשפט ולתת עדות לטובת הרוכש.
The more witnesses there are to testify in your favor, the more likely it is that the court will accept your claims and version. Under these circumstances, it will be easier to file a lawsuit for the sale of a defective vehicle.
Contract or memorandum of understanding signed at the time of the transaction (and additional documents)
In most cases, even when it comes to purchasing a vehicle between two private individuals, a memorandum of understanding or Vehicle sales contractIf and to the extent that there is a fault in the vehicle, the seller is expected, as part of the duty of good faith, to disclose its existence to the buyer.
If the contract does not address any defect and it is indeed discovered that it is a hidden defect, the contract may be important evidence in a lawsuit for the sale of a defective vehicle.
If the transaction was made with a car dealer, it is important to know that they are obligated to provide the customer with Disclosure Form, in addition to the purchase agreement. As part of this form, the car dealer must disclose to the buyer material details about the vehicle, including any defects that exist in it. A dealer who did not specify the defects in the due disclosure form or did not provide the customer with a due disclosure form at all allows the buyer to submit Lawsuit against a car dealer And demand the cancellation of the transaction and receiving financial compensation.
It is important to know that if you did not receive a disclosure form, the possibility of submitting and winning within the framework Lawsuit against a car dealer Strengthens significantly.
An appraiser's opinion to prove the severity of the vehicle's fault
An appraiser's opinion may be critical in certain cases after filing a claim for the sale of a defective vehicle. It is important to understand that an appraiser's opinion is not mandatory in every case and does not always need to be filed. Opinion Immediately upon submission ClaimIn most cases, as part of a claim for the sale of a defective vehicle, it will be possible to submit an expert opinion at the filing stage. Affidavits of first witnessHowever, obtaining an opinion before filing the lawsuit may assist in understanding the full extent of the damages, which can be specified in advance in the lawsuit.
חוות דעת שמאי עשויה להיות מאוד חשובה משום שהשופט אינו מומחה לרכבים או מכונאות רכב ולא יוכל להעריך בעצמו את הנזקים שנגרמו לרוכש. במסגרת חוות דעת המומחה השמאי יוכל להתייחס ולפרט האם מדובר בתקלה חדשה שנוצרה לאחר שהרוכש רכש את הרכב או האם מדובר בתקלה "ישנה" שבוודאי הייתה ידועה למוכר עוד לפני מכירת הרכב.
If the plaintiff submits an expert opinion on his behalf after filing a lawsuit for the sale of a defective vehicle, and the defendant does not submit a counter-opinion, there is a very high probability that the court will accept the lawsuit.
In conclusion
Filing a claim for the sale of a defective vehicle requires proof that there was indeed a defect in the vehicle at the time of the transaction that was concealed from the buyer by the seller.
The existence of a malfunction can be proven in several ways, including relying on the content of the advertisement that referred to the sale of the vehicle, correspondence and recordings of conversations between the seller and the buyer, documents that were delivered or signed during the transaction, the vehicle's maintenance history, and more.
על מנת להצליח במסגרת תביעה על מכירת רכב לא תקין על התובע לנסות ולהתבסס על כמה שיותר נתונים אובייקטיביים שעשויים לתמוך בטענתו. בכל מקרה אין זה נכון להגיש תביעה על מכירת רכב לא תקין ולהסתמך אך ורק על עדות התובע. במצב של "מילה נגד מילה" לרוב התביעה תדחה.
Frequently Asked Questions Regarding a Claim for the Sale of a Defective Vehicle
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Who has the burden of proof to prove that there was a fault with the vehicle before the purchase was made?
In a lawsuit for the sale of a defective vehicle, the burden of proof lies with the plaintiff. That is, the plaintiff will have to prove that the seller sold him a vehicle with defects or malfunctions, and did not disclose this to him.
This is not always a simple burden, and in many cases, when a claim is filed for the sale of a defective vehicle that is not supported by appropriate evidence, it will be dismissed and the plaintiff will be charged legal costs.
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Is it worth sending a warning letter before filing a claim for the sale of a defective vehicle?
In most cases, it is best to send Warning letter before filing a claimIn some cases, the seller of the vehicle will respond to the letter and not necessarily deny that he knew about the defect before selling the vehicle. This may certainly be relevant during the management of a claim for the sale of a defective vehicle.
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What can be demanded in a lawsuit for the sale of a defective vehicle?
The plaintiff may demand cancellation of the transaction, financial compensation (for the damages suffered by him and/or Mental anguish) or a combination of these two remedies.
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How long does a claim for the sale of a defective vehicle take?
Typically, a court case on this issue will last at least a year (usually longer).
