New car with faults – is it possible to cancel a transaction or receive financial compensation?

Success in a lawsuit regarding a new vehicle with faults with the assistance of attorney Eddie Blitstein

Attorney Eddie Blitstein has accumulated over many years Extensive experience and proven success in lawsuits Against car importers regarding a new car with faults. Among the many successes of Attorney Blitstein, one can find extraordinary achievements that other lawyers fail to achieve.

If you are also considering filing a claim regarding a new vehicle with defects and are interested in obtaining a transaction cancellation and financial compensation, you are welcome to contact us today:

Selling a new vehicle with faults is a serious omission on the part of the vehicle importer. This means that the vehicle was not properly inspected before being delivered to the buyer. This negligence causes the buyer great emotional distress and financial damage, He can sue them in court.

Let's start from the end - court rulings repeatedly state that the more and more serious the faults in a new vehicle, the more remedies the buyer will be entitled to, including higher financial compensation. Of course, the buyer must prove who was sold a new vehicle with faults, and this can be done through frequent visits to the importer's garages, and in cases where the faults His nation In situations where the faults have not been verified, the customer will have to seek the help of other professionals (for example: appraisers or other experts for vehicles of the same type) in order to prove He was sold a new car with problems.

What not to do after purchasing a new car with faults?

From the many inquiries that come to my office after receiving a new vehicle with one or more faults, it turns out that customers think that if they abandon the vehicle they received at the importer or at the importer's garage, the importer will be forced to cancel the transaction. This is a mistake that could cost vehicle owners dearly. In such cases, it should be submitted as soon as possible. Claim for sale of defective vehicle.

ברגע שהרכב החדש הועבר על שמו של הרוכש, הרוכש הוא זה שאחראי לו. גם אם רכשתם רכב חדש עם תקלות אתם לא יכולים "להתנער" ממנו, גם אם קיבלתם רכב חדש עם תקלות אתם Can't Just drop it off at the dealership or importer's garage.

In such a situation, the car importer or authorized garage will simply park the vehicle on the street and in some cases they will not be responsible for its theft, or if they cause any damage to it, or if the vehicle receives reports.

In a situation where you discover that there is some kind of fault with your vehicle, you should visit the garage until the problem is resolved (a reasonable number of times), or at the very least, so that you have documentation that you contacted the garage. Multiple times in a short period of time after purchase, and the fault or faults have not been resolved. Only in such a situation would there be reason to consider submitting Civil lawsuit To the court.

Is it possible to cancel a transaction after purchasing a new vehicle with faults?

After selling a new car with a defect, car importers are very reluctant to agree to cancel the transaction (to take back the car and refund the full payment to the buyer), Although there is no legal prohibition prohibiting a car importer from taking back possession of a vehicle from the customer and agreeing to cancel a transaction,.

Canceling a transaction after selling a vehicle מובילה להפסד כספי עצום מכיוון שבפועל יבואן הרכב יקבל מהלקוח רכב שבוצע בו שימוש, ולא ניתן יהיה למכור את אותו הרכב כרכב חדש ללקוח אחר. עניין נוסף שיבואני הרכב לוקחים בחשבון הוא את עניין ה"יד". לקוח שרכש רכב חדש עם תקלות נרשם כיד ראשונה (השלמת רישום הרכב על שמו של הרוכש). אם יבואן הרכב יקבל את הרכב התקול חזרה מהלקוח המאוכזב הוא ירשם כיד שניה, ואם אותו יבואן יחליט למכור את הרכב, הרוכש החדש ירשם כיד שלישית. ברור לכולם שרכב יד שלישית שווה הרבה פחות מרכב יד ראשונה.

For these (and other) reasons, car importers will try to do everything to avoid agreeing To cancel a new vehicle transaction with malfunctions, including blaming the customer for not operating the vehicle properly and causing the malfunctions (especially if these Electric vehicle malfunctions). יבואני הרכב יציעו ללקוח הצעות "מפתות" כגון לרכוש רכב חדש חלופי בתנאי טרייד אין. כלומר להחזיר את הרכב החדש שנמצא אצל הלקוח, לקבל זיכוי (בפועל מדובר בהפחתה של לפחות עשרות אלפי שקלים ממחירו של הרכב), ולרכוש רכב חדש אחר. Under no circumstances should one agree to such a proposal, from which only the car importer benefits.

It is important to know that the Magistrate's Court is authorized to order the cancellation of the transaction (and also the Replacing a car with a new one) Even if a new vehicle is sold And actually registered in the customer's name. Of course, for this purpose, the plaintiff (the vehicle purchaser) must convince the court that he was indeed sold a new vehicle with faults, and that if he had been aware that the vehicle sold to him had faults, he would not have bought it at all. In these cases, the court does not necessarily take into account the financial damages that will be caused to the vehicle importer as a result of the cancellation of the transaction.

In order to reduce the damages after purchasing a new vehicle with faults, the court may offer to sell the vehicle to a third party and discuss the financial difference between the cost of the purchase and the cost of selling the vehicle to the third party. This action significantly reduces the dispute between the parties and may facilitate and shorten the management of the claim between the parties. Sometimes there is reason to consider such an offer.

Another thing to note is that if it is possible to immediately stop using the vehicle after a fault is discovered, it is better to do so. This will significantly increase the chance that the court will order the cancellation of the transaction. In practice, most people cannot afford to purchase a new vehicle and not use it at all until the court decides, because this would require them to purchase another replacement vehicle.

A ruling that can assist you in your request to cancel a transaction or replace the vehicle with a new one:

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."

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.."

Compensation for loss of enjoyment from using a new vehicle with faults

A customer who purchases a new car does not expect to spend time at the importer's garage. New cars cost a lot of money and the expectation is that at least in the first few years the car will serve the owner faithfully and only come to the garage for periodic maintenance in accordance with the manufacturer's instructions. In the event that it turns out that a customer was sold a new vehicle with faults, the buyer's enjoyment of the purchase is significantly reduced.

In these situations, the buyer can claim compensation for loss of enjoyment of using the vehicle. This can be seen as Compensation for mental anguish incurred by the purchaser.

Compensation for loss of enjoyment from using a new vehicle with faults will not always be uniform. This is an amount determined by estimation and is expected to vary from case to case. The more expensive the vehicle in which more serious faults were discovered, the higher the compensation is expected to be. Another issue that is expected to affect the amount of compensation for loss of enjoyment from using a new vehicle with faults is the number of times the customer actually came to the garage after receiving the new vehicle. The more times the customer came to the garage, the higher the compensation is expected to be.

What do you do if the importer's garage or a professional of your choice is unable to verify the faults?

אחת הבעיות בעת רכישת רכש חדש עם תקלות היא שלא תמיד התקלות חוזרות על עצמן בעת בדיקת הרכב במוסך היבואן. מעין "Murphy's Law". הדבר הופך להיות למשמעותי במיוחד אם גם איש מקצוע מטעמכם לא מצליח לאמת את התקלות.

אל תתייאשו. אין זה אומר שהתקלות הן רק בראש שלכם. מכיוון שהזמן המוקצב לבדיקת הרכבים הוא זמן קצר יתכן שאותם אנשי מקצוע לא מצליחים לשחזר את התנאים שגורמים להיווצרות התקלה. לדוגמה: יתכן שהתקלה מתרחשת רק כשהמנוע מגיע לטמפרטורה מסוימת, אליה ניתן להגיע בנסיעה ממושכת או במהירות גבוהה מאוד, וברגע שלא מגיעים לטמפרטורה זו המנוע והרכב פועלים כרגיל. דוגמה נוספת: לקוח אשר רכש רכב חשמלי ומתלונן על Travel range Low after charging the battery, and the garage is unable to verify a battery fault.

In these situations, the trip should be videotaped, especially the phase in which the malfunction actually occurs.It is important to understand that if you are unable to prove to the importer, or more significantly, in court, that you were sold a new vehicle with faults, neither the importer nor the court will take you seriously. In case you submitted Court claim And if you were unable to prove that you were sold a new vehicle with defects, your claim will be rejected and you will be expected to pay legal costs to the vehicle importer.

What can you do to reduce the chance of getting a new car with problems?

It is not always possible to avoid receiving a new vehicle with faults because the faults are not always obvious. However, there are a number of simple steps you can take to reduce the chance of receiving a new vehicle with faults.

Start the vehicle yourself.

Sometimes car importers provide the customer with the vehicle running, and after signing the forms, the customer gets into the vehicle and starts driving. In these cases, turn off the vehicle, let it cool for a few minutes, and start it yourself. This way, you can make sure that you can start the vehicle without difficulty and that there is no problem with the starting mechanism.

Make sure that no lights indicating faults are lit.

Even when purchasing a new vehicle, you may encounter situations in which, even before the new vehicle is delivered to the customer, certain lights come on, indicating a minor or serious malfunction in the vehicle. If such a light comes on, refuse to accept the vehicle and document the fault yourself using a video.

Do not agree to receive the vehicle and drive to the importer's garage to fix the problem, even for compensation or any benefit. Once you have received the vehicle and left the importer's dealership with it, it will be much more difficult to cancel the deal.

Check for external defects in the vehicle.

Damage to a new car before delivery is a much more common phenomenon than you might think. A new car with faults can also be a new car with a scratch or other external defects that you didn't notice. You might be surprised, but in some cases, treating a scratch on the car's paint can be a difficult and extremely expensive task.

It is always a good idea to take a tour around the new vehicle you are about to receive and videotape it, so that even if you do not immediately notice that there is any external defect, it will be possible to prove that the defect existed at the time of delivery of the vehicle, and was not created by you or through your fault at a later stage.

Frequently asked questions about a new vehicle with faults