The purchase of a truck is in most cases intended to serve a business for the purpose of performing work such as transporting goods or building materials. Purchasing a truck that is broken down or has been in an accident, without this being disclosed to the buyer, may harm the business's operations and cause it enormous financial damage. This matter in itself justifies filing a lawsuit against the seller of the truck.
Furthermore, a truck is a significantly more expensive vehicle than other vehicles. If it turns out that you were sold a truck that was broken down or after an accident, And this data was hidden from you.It should be absolutely clear to you that you lost a lot of money in this transaction. This matter also justifies filing a lawsuit against the seller.
Initial checks before purchasing a used truck
As mentioned, purchasing a truck involves a significant financial investment. In these cases, it is very worthwhile to take a number of steps to reduce the chance of problems in the future, and if there are indeed any problems in the future, it will be much easier for you to deal with them.
Make sure to save the sale ad.
In most cases, purchasing a used truck is done through an initial internet search. After coming across an ad, you contact the seller, then go see the truck, and ultimately, if there is an agreement on the price, you purchase it.
Almost no buyer keeps a copy of the truck's sales ad. In the vast majority of cases, the seller does not indicate in the sales ad what defects the truck has or whether the truck has been in an accident in the past. If you keep the sales ad and it turns out after purchasing the truck that there are significant defects, it will be much easier to prove that the seller Deceived you..
If you are discovered in a truck Malfunction after purchase It would be simpler to demand that the seller take care of repairing the fault at his own expense, or demand that the transaction be canceled, and if it turns out that the seller He hid from you that the truck was involved in an accident.It will be possible to demand both transaction cancellation and financial compensation.
Never trust the seller's promises – get everything in writing.
The seller has an interest in you completing the negotiations as soon as possible and deciding to purchase the truck. For this reason, the seller will promise you mountains and hills. The moment the seller receives the money from you, he will no longer be interested in you, and if there is a problem, he will claim that he revealed all the details to you.
For this reason, when purchasing a truck, make sure to Written contract Which will detail the obligations of the seller and the buyer. Once things are put in writing, the seller will be more careful and his promises will be more realistic. If there is a significant difference between what was promised to you verbally and what was put in writing, this should be a warning light.
בנוסף, רכישת משאית תמיד צריכה להיות מלווה בבדיקתה במכון לבדיקת רכבים. תמיד דאגו להביא את המשאית למכון שאתם בחרתם ולא למכון ש"הומלץ" לכם על ידי המוכר. בסיום הבדיקה תקבלו טופס המפרט את רשימת הליקויים במשאית, ולפי טופס זה תוכלו לדעת האם המוכר הסתיר מכם מידע מהותי. אם מכון הבדיקה לא יגלה פגם כלשהו, ויתברר בעתיד שהפגם היה קיים, מלבד מוכר המשאית ניתן יהיה להגיש A lawsuit also against the testing institute.
שני פרטים שמכון לבדיקת רכבים לא יכול לבדוק ולאמת הם אם מדובר ברכב שהוגדר כ"Legally lost vehicle" והאם בוצעה הפחתה של מד הקילומטראז' (מד אוץ) – Mileage fraudThe first concern can be easily resolved by a simple check via a website (The cost of the test is 10 shekels.After payment, you will receive the truck's entire insurance claims history and you can easily tell whether the truck has been involved in previous accidents or even if it is considered a total loss.
עם בעיית זיוף הקילומטראז' קצת יותר קשה להתמודד. כדי לוודא שלא מציגים לכם קילומטראז' נמוך יותר לפני רכישת משאית, תבקשו לקבל את היסטוריית הטיפולים של המשאית ("ספר טיפולים") . כשרכב נכנס למוסך מתעדים את מספר הקילומטרים שהרכב נסע עד לאותו מועד. אם במשאית שמציעים לכם לרכוש מד הקילומטראז' מראה מספר נמוך יותר ביחס למספר שמופיע בספר הטיפולים, סימן שמישהו "שיחק" והפחית את הקילומטראז' של המשאית.
Difference in conduct between a private seller and a vehicle (truck) dealer
Every seller (private or dealer) must present the buyer with complete and correct information about the condition of the vehicle. Concealing information regarding faults or the existence of an accident may lead to the cancellation of the transaction and the receipt of financial compensation that the seller will be forced to pay to the buyer.
However, there is a very significant difference between a private seller and a car dealer. In addition to disclosing all information verbally, the car dealer is obligated in accordance with the instructions Used Car Sales Law Have the buyer sign the Disclosure FormAs part of the due disclosure form, the vehicle dealer must provide in writing material details regarding the vehicle, including accidents or malfunctions known to him.
The car dealer must not only provide the buyer with the due disclosure form but also have him sign it before completing the transaction. Failure to comply with this obligation will allow the filing of Lawsuit against a car dealer who sold you the truck, and in the end it will be much easier to reach the result of Canceling the truck deal In court.
This omission by the car dealer may even affect the amount of financial compensation that the court may award you as part of the lawsuit.
What do you do if a problem is discovered after purchasing a truck?
The actual purchase of a truck and the transfer of funds to the seller causes the seller to stop assisting and cooperating with you. From his perspective, he got his way – he sold you a defective truck and received the money he demanded from you.
In these cases, as soon as any malfunction is discovered that you believe was known to the seller, or it becomes clear to you that the truck was involved in an accident before you purchased it, you must immediately contact the seller and inform him of what you discovered.
The request must be made in writing (possible via WhatsApp) or via a recorded conversation only. If it is ultimately necessary to file a claim, these actions will help you prove your claims. It is important to make it clear in these requests that you would not have purchased this truck if the seller had revealed to you all the details that he hid from you.
In the vast majority of cases, your referrals alone will not lead to the transaction being canceled or any financial compensation being received from the seller. The next step is to contact Automotive Lawyer In order to send it to the seller Warning letter before filing a claimIn most cases, even sending a warning letter will not help, and there will be no escape from filing a complaint. Claim and claim within the framework Civil lawsuit or Financial claim Regarding all damages you have suffered, and detail exactly what remedies you are demanding (for example, cancellation of the transaction and financial compensation).
קחו בחשבון שההליך בבית המשפט אינו מהיר. לרוב מדובר בפרק זמן העולה על שנה, ולכן במסגרת כתב התביעה צריך להתייחס גם לפרק זמן זה ולדרוש פיצוי כספי נוסף/גבוה יותר אם הנתבע יחליט לא להתפשר בתחילתו של ההליך אלא ינסה "למשוך" את התביעה כמה שיותר זמן.
In conclusion
Purchasing a broken down truck or After an accident May lead to significant damage to the truck owner. Buying a truck does not have to be a complex or risky affair if you follow the guidelines detailed in this article.
If, after purchasing a truck, it turns out that it has defects that were hidden from you, for example, previous accidents, you must immediately contact the seller and demand the cancellation of the transaction and a refund.
Most likely, the seller will not agree to your demands, and therefore there will be no choice but to contact an experienced automotive lawyer to send a warning letter before filing a lawsuit, and ultimately to file a lawsuit in court.
Keep in mind that handling this claim is not a quick process.
Frequently asked questions about purchasing a broken-down truck or one that has been in an accident
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Is it possible to cancel a transaction after purchasing a broken-down truck or after an accident?
In most cases, you will have to file a lawsuit in court to have the court order the cancellation of the transaction.
The more serious the defect that was hidden from you, the higher the chance of receiving relief in the form of transaction cancellation and financial compensation. -
Is there a difference between purchasing a truck from a private individual versus a car dealer?
Yes. A car dealer must have you sign a form called a disclosure form, in which the car dealer must provide material details about the vehicle, including defects or accidents that the vehicle has been in.
An individual is not obligated to sign this form with you.
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How long does a lawsuit regarding the purchase of a truck that has been in an accident take?
In most cases, these are cases that last at least one year, usually longer.
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What are the attorney's fees for handling a claim regarding the purchase of a truck after an accident?
The amount of the fee varies from case to case. There is no uniform price for all claims of this type. The individual circumstances of each case must be examined in order to provide a quote.
