The Used Vehicle Sales Law is a law that regulates the relationship between the seller and the buyer of a used vehicle, But only when the seller is a person who sells used vehicles. (Car dealer). The provisions of this law cannot assist a person Who purchased a used car from a private individual.
The Used Car Sales Law determines what the car dealer must do and what documents to provide to the buyer of a used car. Failure to comply with the provisions of the law may allow the buyer to file a Lawsuit against car dealer And to receive many benefits.
In general Buying a car from a dealer Without familiarity with the provisions of the law, selling a used car may put the buyer at a disadvantage, because the car dealer is much more experienced and better aware of the provisions of the law. In these cases, it is always recommended to consult with an experienced person in the automotive field so that you do not discover after the transaction that you bought a pig in a poke (especially after Buying a legally lost vehicle).
What does the law on the sale of used vehicles stipulate?
Used Car Sales Law (also known as Due Disclosure Law), או בשמו המלא חוק מכירת רכב משומש (זכאות למידע וגילוי נאות), תשס"ח – 2008, הוא חוק קצר מאוד And not complex It is worth knowing, especially before buying a used car or Purchasing a truck Second hand from a car dealer. Even today, many car dealers do not strictly comply with the provisions of the law, and this may make it easier for you to demand Canceling a used car transaction If and when any problem arises.
These are the provisions of the Used Vehicle Sales Law:
1. In this law –
"מבטח" – כהגדרתו בחוק הפיקוח על שירותים פיננסיים (ביטוח), התשמ"א-1981;
"מידע" – מידע על תיקונים או טיפולים שבוצעו ברכב או כל מידע אחר שיש בו כדי להעיד על מצב הרכב ותקינותו, ולעניין מבטח – סכום תגמולי הביטוח ששולמו בעד הרכב ופירוט סוג הנזק או ירידת הערך שבשלם שולמו;
"עוסק ברכב" – עוסק כהגדרתו בחוק הגנת הצרכן, התשמ"א-1981, שעיסוקו מכירת רכב משומש;
"רכב משומש" – רכב שנרשם לפי פקודת התעבורה, וניתן עליו רישיון רכב.
Automotive Lawyer Eddie Blitstein explains the provisions of the Used Vehicle Sales Law
2. (a) Anyone who has purchased a used vehicle is entitled to receive from any garage where the vehicle was repaired or serviced and from any insurer that insured the vehicle, any information they have about the vehicle.
(b) A garage and an insurer may charge a fee for the expenses involved in providing information as stated in subsection (a).
3. (a) A garage shall retain information about a vehicle that has been repaired or serviced for seven years from the date of the repair or service or from the date the information came into its possession.
(b) An insurer shall retain information about a vehicle it has insured for seven years from the date the information was created by it or from the date it came into its possession.
4. (a) A vehicle dealer shall not make a transaction regarding the sale of a used vehicle unless all of the following have been met:
(1) Signed contract In writing between him and the purchaser of the vehicle (in this section – the contract);
(2) The vehicle dealer has provided the vehicle purchaser, by the date of signing the contract and separately from the contract, with a signed form, which specifies the details as stated in subsection (b) (in this section – a disclosure form);
(3) The vehicle purchaser confirmed receipt of the disclosure form with his signature.
(b) A vehicle dealer shall accurately specify, in the disclosure form, the following details:
(1) His full name, his identity number and his full address; if the vehicle dealer is a corporation – also the type of corporation, its number and full address;
(2) The full name of the vehicle owner, his identity number and full address; if the owner is a corporation – also the type of corporation, its number and full address;
(3) The number of previous owners of the vehicle, and to the best of his knowledge – if the previous owner was a company in which the lessee is engaged – also the name and number of the company;
(4) Damage caused to the vehicle, as far as known to the vehicle dealer, up to the date of submission of the disclosure form;
(5) The number of kilometers traveled by the vehicle, as far as known to the vehicle dealer, from the date it was first registered until the date the disclosure form was submitted;
(6) The amount to be paid for the vehicle.
(c) In any transaction regarding the purchase of a used vehicle, in which the vehicle dealer is the seller, the vehicle dealer shall disclose to the vehicle purchaser that he sells or markets vehicles through a business.
(d) Without derogating from the provisions of subsections (a) and (b), for the purposes of those subsections, a person who sells a used vehicle, who is not registered as the owner on the vehicle license, shall be deemed to be dealing in vehicles, unless he proves otherwise; however, the provisions of this subsection shall not apply to a person who sells a used vehicle belonging to a member of his first-degree family.
5. העובר על הוראות סעיף 4, דינו – קנס פי שבעה מהקנס כאמור בסעיף 61(א)(2) לחוק העונשין, התשל"ז-1977.
6. (a) On the date of the annual roadworthiness test of a used vehicle according to the Traffic Ordinance, the testing station will provide the Licensing Authority with the number of kilometers traveled by the vehicle being tested in the year preceding the test date.
(b) The licensing authority will indicate on the vehicle license the number of kilometers traveled by the vehicle being tested according to the last notification it received from the testing station as stated in subsection (a) and the date on which the said notification was delivered to it.
7. The Minister of Transport and Road Safety is responsible for the implementation of this law, and he may, with the approval of the Knesset's Economics Committee, establish regulations for its implementation, including regarding the methods of submitting information and the deadlines for its submission under Section 2.
8. The provisions of this law do not derogate from the provisions of any other law.
9. (a) The commencement of this law, with the exception of section 6, shall be four months from the date of its publication.
(ב) תחילתו של סעיף 6, ביום ט"ו בטבת התש"ע (1 בינואר 2010).
The Used Car Sales Law is what can help you cancel the deal.
The obligations imposed on a car dealer by virtue of the Used Vehicle Sales Law
The Used Vehicle Sales Law regulates, within the framework of Section 4, the obligations of the vehicle dealer to the purchaser. This section focuses on the dealer's obligation to make due disclosure to the purchaser interested in purchasing the used vehicle.
The law explicitly states that the merchant will only fulfill his obligations if the buyer signs over the Disclosure Form In which he will detail essential details about the vehicle. In other words, the car dealer will not be exempt if he merely details the defects orally, but must do so through a written document, and separately. From the vehicle sales contract.
על סוחר הרכבים לגלות במסגרת חובת הגילוי הנאות שהוא סוחר רכבים (לא תמיד סוחר רכבים מגלה זה לרוכש), את מספר הבעלים הקודמים, האם מדובר ב"ידיים" פרטיות או לא, כל הפגיעות שנגרמו לרכב ובמיוחד אם זה A vehicle that has been in an accident or defined Legally lost vehicle (or even Total loss), the number of kilometers the vehicle has traveled up to the date the disclosure form is submitted (this does not always help and sometimes it is discovered in retrospect that The odometer is fake.).
זאת בדיוק "נקודת החולשה" של סוחרי רכבים רבים. או שהם לא מגלים את כל הנתונים שעליהם לגלות על פי החוק או שהם כלל לא מוסרים ומחתימים את רוכשי הרכבים על טופס זה. עוצם העובדה שהסוחרים לא מקיימים את הוראות החוק והעובדה שמתקיימת Hiding information when selling a carThese help the injured buyer to demand cancellation of the transaction and financial compensation.
מה לעשות אם סוחר הרכבים הפר את הוראות חוק מכירת רכב משומש ויש "בעיה"?
Our office receives many inquiries on this subject, and the vast majority of them focus on car dealers who have concealed accidents that their vehicles have been in (especially vehicles in mint condition). A complete loss according to the law) or the odometer has been changed and the number of kilometers has been significantly reduced.
These are fundamental defects, and one of them is enough to demand the cancellation of a transaction. The real problem is that the car dealers are not cooperating, even though in at least some cases they know full well that they acted illegally.
In these cases, it is very important to act quickly because as time passes, it works to the detriment of the buyer. First, it is worth contacting the dealer in a recorded phone call or WhatsApp message (the main thing is to have documentation that can be presented in court) and inform him that he violated the provisions of the Used Vehicle Sales Law by not disclosing to you a material defect in the vehicle.
If the car dealer won't cooperate with you (and they usually won't), contact Automotive Lawyer For sending Warning letter Before filing a lawsuit. Most of the time, that won't help either.
If the car dealer does not cooperate after sending a warning letter, there will be no escape from filing a lawsuit. Financial claim or Civil lawsuit against him, and demand within the framework of this both cancellation of the transaction, both financial compensation and Legal expenses.
Keep in mind that handling a claim for violating the provisions of the Used Vehicle Sales Law often takes more than a year.
Need legal advice regarding a violation of the Used Vehicle Sales Law? Contact Attorney Eddie Blitstein
In conclusion
The Used Vehicle Sales Law deals with the relationship between a buyer who is a private individual and a seller who is a car dealer. The Used Vehicle Sales Law cannot assist in a situation where there is a dispute between a buyer and a seller who are two private individuals.
The provisions of the Used Vehicle Sales Law impose a duty of due disclosure on the car dealer. The car dealer must have the buyer sign a due disclosure form, which is a separate document from the contract agreement. As part of this form, the car dealer must disclose to the potential buyer any defect in the vehicle that he knows of.
In many cases, car dealers do not comply with the provisions of the Used Car Sales Law, and the buyer has no choice but to resort to legal action. In these cases, before filing a lawsuit in court, it is very worthwhile to prepare accordingly and collect all relevant data to prove that the dealer did not fulfill his obligation under the law (for example: correspondence before and after the transaction).
It is highly recommended that you seek the services of an experienced lawyer in this field. Our firm will represent successfully There are many lawsuits against car dealers in this area.
Frequently Asked Questions about the Law for Selling Used Cars
To whom do the provisions of the Used Vehicle Sales Law apply?
The provisions of this law impose obligations on car dealers but not on private individuals who sell their vehicles.
Does the Used Car Sales Law allow you to cancel a transaction?
This law does not specify a specific sanction for its violation, but violating the law allows a lawsuit to be filed and a court to be granted relief in the form of cancellation of the transaction, monetary compensation, and reimbursement of legal expenses. Our firm has successfully represented many plaintiffs against many merchants in this area.
How long does a lawsuit involving a violation of the Used Vehicle Sales Law take?
Most car dealers are interested in prolonging the proceedings as much as possible, so these types of claims often last more than a year.
What is the amount of financial compensation that can be received in light of a violation of the Used Purchase Sales Law?
The amount of compensation varies from case to case and there is no uniform amount awarded in all claims. It is very important to come prepared for a lawsuit and not file a lawsuit without sufficient data or evidence.
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He has extensive experience and proven success in complex civil and financial lawsuits against the most powerful and largest entities in Israel and abroad.
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