Selling a damaged second-hand vehicle by someone who purchased it from the importer
One of the most common situations in which clients contact our office is when a client purchases a brand new vehicle directly from the importer (official importer or Parallel importer) and discovers various defects in it after a very short time Originating from the manufacturer (and not damage resulting from improper use by the vehicle owner).
In at least some cases, the importer is unable to repair the defects within a short period of time or a reasonable period of time, and the new vehicle owner is forced to wait a very long time for his vehicle to be repaired, sometimes when the vehicle is not even in his possession but is parked in the importer's garage.
In these cases, the vehicle owner can no longer sell the vehicle as a new vehicle and is forced to consider the possibility of selling a second-hand vehicle (even if it is a vehicle that left the importer yesterday, it cannot be sold as a new vehicle and will be considered a second-hand vehicle).
The sale of a damaged second-hand vehicle purchased directly from the importer may take place in one of the following situations:
- The car owner does not want to repair the vehicle (usually at no cost because the vehicle may still be under manufacturer's warranty) because it would take a lot of time.
- The vehicle owner does not wish to submit Financial claim or Civil lawsuit (or in appropriate cases even Class action lawsuit) because you submitted Lawsuit against a car importer It is not something simple, quick or cheap.
The advantage for the vehicle owner of selling a damaged second-hand vehicle is the possibility of receiving the value of the vehicle (or as close to its value as possible according to various price lists) as soon as possible, thus minimizing financial damage. Another advantage is that the money will be received relatively quickly.
The question arises whether selling a damaged second-hand vehicle is possible if the owner of the vehicle who purchased it from the importer Plans to file a lawsuit against the importer For the damages caused to him, including The anguish of the soul How much did he suffer from?
Can the owner of a damaged vehicle purchased from the importer sell it and still sue the importer?
Before filing a lawsuit against an importer for the sale of a vehicle abnormal The dilemma always arises: what to do with the car? Should I keep it or sell it?
The dilemma stems from the fact that handling a claim is a lengthy procedure that often takes more than a year. Does this mean that the vehicle owner must endure for this time a vehicle with defects originating from the manufacturer?
The answer to this question depends on the result the vehicle owner wants to achieve. If the vehicle owner wants to achieve a situation where Canceling a deal for his new car (The car owner will always treat his car as new, but in reality it is already in a state of Canceling a used car transaction) or replacing the vehicle with a new vehicle, he will not be able to sell his vehicle for the entire period during which the lawsuit against the importer is pending.
On the other hand, selling a damaged second-hand vehicle from the importer is possible if all the vehicle owner is interested in is financial compensation. This is even possible if the vehicle has been in an accident.
עמדה זו נתמכת גם בפסיקת בתי המשפט. לדוגמה במסגרת תא"מ 20219-10-20 רון גינת נ' נטליה דולגינוב נפסק, בין היתר, כך:
After carefully examining the parties' arguments, I believe that they have fallen into a general error; There are no significant issues for the sale itself.Unlike a situation where a sale is made before the defendant has been given an opportunity to inspect the vehicle, in circumstances where the sale was made after the Opinion and a counter-opinion, There are no significant issues for sale; sale, especially in damaged condition, is just another (and weak) indication of the amount of the damage, if the damage was expressed in the sales agreement.
This is because the compensable damage is the damage that occurred at the time of the accident. This damage includes both direct damage to the vehicle and indirect damage (in the form of a decrease in value). אין נפקות לשאלה אם הרכב נמכר, נמכר מייד, נמכר לאחר זמן, מה היה ערך השוק של הרכב בעת המכירה והאם הוא תואם את "מחיר המחירון", עולה עליו או נופל ממנו; שכן, לאחר התגבשות הנזק (ומתן אפשרות לבדיקת הרכב על ידי הנתבע) – המכירה אינה מעלה ואינה מורידה.
כפי שנפסק בעניין דומה בע"א (מחוזי נצ') 36576-04-19 שרון אסולין נ' ג.א.ן תברואה את מוטי זיבאי בע"מ (Published, [Published in Nevo] 07.08.2019) (Emphasis mine – D.Z.A):
"האם מכירת קטנוע… שאירעו לאחר התאונה נשוא התביעה שהתבררה בפני בית המשפט קמא, שוללות את חוות הדעת של השמאי ומאיינות את זכותו של המערער לתבוע פיצוי על פיהן. The answer to this is no. The appellant's cause of action was formed at the time of the accident, and at that time he was entitled to receive compensation for the cost of repairs. caused to the scooters. If the appellant had filed his claim at the time of the damage and had proven the cost of the repair at that time, he would have been awarded the full damages suffered by him in the accident, regardless of the question of what was done with the scooters afterwards.
לשאלה אם בעל נכס מאבד את זכות התביעה שלו במקרה שבו הוא מכר את הנכס מבלי שתיקן אותו התייחס בית המשפט העליון בע"א 742/95 זלוצקין נ' דיור לעולה בע"מ, פ"ד נ(2) 858, עמ' 864-865 (להלן: "פרשת זלוצקין"), שם נקבע: "Cause of action, also of those who sell their apartments, It took shape when they were given damaged apartments. This is unacceptable in my opinion, A buyer who paid the full price of a defective product to the best of his ability, He will not be entitled to compensation simply because he is no longer in possession of it, such as because he sold it.".
Thus, the fact that the vehicle was sold does not detract from the plaintiff's right to compensation for his damages, or add to this right. Even if, exceptionally, the passage of time increases the value of vehicles of the type to which the plaintiff's vehicle belongs (as the plaintiff claims), the plaintiff should have enjoyed the increase in the market value of the vehicle as a similar vehicle that was not damaged; the fact that the vehicle was damaged should be cured by an award of compensation in the amount of the damage at the time the damage occurred, and this is separate from the question of the volatility of the vehicle's market value.
The only possible issues for the sale of a vehicle are: (1) if it was not possible to prepare a counter-opinion for the sale or (2) if the sales agreement does not reflect the fact that damage was caused, the impression may be created that the damage was repaired without evidence being presented regarding the cost of repairing it. Both of the aforementioned issues are not appropriate to the circumstances of the case. For the aforementioned reason, there was no need to prepare the supplementary opinions – neither on behalf of the plaintiff nor on behalf of the defendants.
In conclusion
After purchasing a new vehicle from the importer, various faults may be discovered in the vehicle that originate from the manufacturer (and are not due to improper use by the vehicle purchaser). In these cases, the vehicle owner may choose not to wait until the fault or faults are repaired, and prefer to sell his vehicle. In this situation, we are talking about selling a second-hand vehicle with defects.
There is no obstacle to selling the vehicle and still filing a lawsuit against the vehicle importer for the damages caused to the vehicle owner, if all the vehicle owner is interested in is financial compensation.
On the other hand, if the vehicle owner wishes to cancel the transaction or replace his vehicle with a new one, he will not be able to sell the vehicle and will have to wait until the lawsuit is concluded.
Frequently Asked Questions Regarding Selling a Used Vehicle with Manufacturer's Defects
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When selling a used car with defects, do you need to inform the buyer?
Yes, even if the defects originate from the manufacturer and not from damage caused by the vehicle owner, the seller must inform the buyer of the existing defects, otherwise the vehicle seller may be sued by the buyer for concealing information.
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Despite selling a second-hand vehicle, will the importer compensate the vehicle owner for all damages?
Insofar as this is a situation in which the vehicle owner sold his vehicle due to defects originating from the manufacturer, and the vehicle owner actually proves in court that the defects did indeed originate from the manufacturer, he is expected to receive financial compensation. The amount of financial compensation is subject to the court's discretion.
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Is it possible to demand cancellation of a transaction with the importer instead of selling a used car?
Yes, one of the remedies that can be sought in lawsuits against car importers is the remedy of cancellation of the transaction. This is a remedy that is not at all easy to obtain in court, but in appropriate cases it is indeed a possible remedy.
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How long does a lawsuit against a car importer take?
Usually more than a year. Sometimes even more than two years.
