Lawyer vs. Car Importer – Introduction
A lawyer against a car importer is a lawyer who specializes in lawsuits involving new or used vehicles, and in disputes with car importers (official or unofficial imports). Parallel import), who are known for not rushing to cancel transactions if a customer is dissatisfied with a vehicle they purchased, גם אם מדובר ברכב פגום שהתחיל "לבקר" במוסך לעיתים קרובות מאוד לאחר מסירתו ללקוח.
A lawyer against a car importer has a better and more in-depth knowledge of the legislation and case law relevant to disputes in the automotive field. This is an area that requires a very good familiarity with the provisions of the law and case law because car importers use very professional lawyers in this field, and if you submit Lawsuit against a car importer Without knowing the relevant legal provisions, From the very beginning of the procedure, you will be at a legal disadvantage., which may affect your chances of success in court.
Also, a lawyer against a car importer will be able to assist you at the very beginning of the procedure, and even before filing. Claim In practice, understand what remedies you can seek in court (for example: Canceling a new car transaction or Canceling a used car transaction, or receiving financial compensation, or a combination of some of the remedies).
It is very important to understand what remedies you can claim before filing the claim in order to coordinate expectations and so that the client can understand how worthwhile or not worthwhile it is for him to file the claim.
Attorney Eddie Blitstein has been representing plaintiffs against car importers and car dealers for about 15 years. You too can achieve this result against a car importer with the assistance of Attorney Eddie Blitstein:
Lawyer against a car importer in the event of receiving a new car with defects
Receiving New car with faults This is particularly disappointing. A new car is the second most significant purchase in most people's lives (after an apartment), and the disappointment in these cases is understandable, especially given the large sums of money the buyer is forced to invest in a new car.
In many cases, the fault or defect is discovered immediately upon receipt of the vehicle, and in other cases shortly after receipt, and after a short trip in the vehicle.
Car importers will never agree to a customer's request to cancel the transaction, without the customer filing a lawsuit in court and demanding the transaction be canceled. The reason for this is very simple: receiving a used car back will not allow the car importers to sell the same car as a new car, and as a result, the car importers will lose a lot of money.
בנוסף, יבואני הרכב יודעים שאם הם יבטלו עסקה לאדם אחד, יבואו רבים אחרים שידרשו ביטולי עסקאות, דבר שיוביל להפסדי כספים רבים. זאת אחת הסיבות מדוע יבואני רכב "ילחמו" בבית המשפט בכל כוחם, והסיבה מדוע יש צורך להיעזר בשירותיו של עורך דין נגד יבואן רכב, אשר Very experienced In claims of this type.
The first thing that is very important to do after receiving a new vehicle with faults is to notify In writing To the vehicle importer about the cancellation of the transaction. The closer the notice of cancellation of the transaction is given to the date of delivery of the vehicle to the customer, the greater the chances that the court will grant the request to cancel the transaction.
After you have served notice of cancellation of the transaction, and assuming that the car importer does not agree to cancel the transaction (and they will not agree to cancel the transaction), you must file your claim with the court as soon as possible. The sooner you begin the legal process, with the assistance of a lawyer against the car importer, the sooner you will end it. On the site you can find Example of a lawsuit against a car importer.
A ruling that can help you in this situation:
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."
Lawyer against a car importer in a case where the importer fails to repair the vehicle in a short time
One of the duties of the vehicle importer is to ensure that the vehicle is repaired in the event of a malfunction, in accordance with the terms of the warranty certificate (Example of a warranty certificateIn many cases, the car importer's garages are unable to repair the fault, and one of the reasons for this is that they do not have the spare parts in stock, and the customer is sometimes required to wait several months for them to arrive. Spare parts If you contact a lawyer against a car importer in these cases, and especially if the vehicle has been in the garage for a very long time, your chances of success in canceling the deal will be higher.
Very important in these cases Familiarize yourself with the provisions of Section 48 of the Law on Licensing Services and Professions in the Automotive Industry, תשע"ו – 2016, אשר קובע כך:
(a) A direct importer shall provide transportation products for each manufactured vehicle that it imports for the purpose of maintaining the vehicle and maintaining its proper condition, for the period as stated in Section 41(a)(3)(a).
(b) An indirect importer shall supply transportation products for the vehicle he imports for the purpose of maintaining the vehicle and maintaining its proper condition, for the period as stated in Section 42(a)(4)(a).
(c) A direct importer and an indirect importer shall supply a transport product for a vehicle model that they import, within seven working days from the date of receipt of the order; however, a direct importer may supply a transport product for a vehicle model that it does not import, within 14 working days from the date of receipt of the order.
(d) The provisions of subsection (c) shall not apply due to a delay in the delivery of a transport product, which does not exceed 45 working days from the date of receipt of the order, provided that the direct importer or indirect importer has proven that he did everything in his power to provide the customer with a transport product within the period as stated in that subsection and has taken all necessary measures to order the transport product from any reasonable source from which it can be obtained at that time, and that he had no control over the delay in delivery.
A lawyer against a car importer who specializes in claims against car importers will be able to refer you to this section immediately. This section explicitly states that in most cases יש לספק חלקי חילוף תוך 7 ימים, ורק במקרים חריגים, שבהם היבואן הוכיח "כי עשה כל שביכולתו" לספק את חלק החילוף אך לא הצליח, הוא יוכל לספק אותו בפרק זמן של 45 ימים.
In any case, car importers are not allowed to make the customer wait for their vehicle to be repaired for more than 45 days.
A ruling that can help you in this situation:
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.."
Lawyer against a car importer in the case of repeated car repairs
One of the most common cases in which a lawyer is contacted against a car importer is when a customer purchases a new vehicle and the vehicle is forced to repeatedly come to the garage, sometimes due to the same malfunction that is not repaired, and sometimes due to various malfunctions that cause the vehicle to be completely or partially disabled.
פסיקות בתי המשפט הכירו בכך שרכב חדש לא אמור להגיע שוב ושוב למוסך. במקרים רבים בתי המשפט פוסקים פיצויים בגובה עשרות אלפי שקלים, אך במקרים אלה ניתן לדרוש גם ביטול עסקה. דוגמה לפסק דין בו פסקו ללקוח שחזר מספר פעמים למוסך, למרות שקנה רכב חדש (ת"א 2449/07 שלמה אנג'ל נ' צ'מפיון מוטורס (ישראל) בע"מ):
I believe that, in the circumstances of the case and based on the evidence presented to the court, the testimony of the plaintiff and his wife, the opinion on behalf of the defendant And the defendant's books document frequent and numerous repairs relative to what is expected of a new vehicle., including unusual and unusual repairs, as well as the defendant's agreement to extend the warranty period on the vehicle - subsection (3) of section 11 of the Sales Law applies, namely: the vehicle does not have the quality or features necessary for the normal use of the property.
One of the goals of purchasing a new vehicle is to avoid frequent garage services, except as required by the manufacturer's instructions. This is a reasonable and legitimate expectation of a vehicle purchaser and deserves legal protection. (See also Cell (Y-M) 9670/00) מילר נ' יוניון מוטורוס בע"מ, [פורסם בנבו] כב' הש' ד"ר אגמון-גונן מיום 10/11/05).
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A person who purchases a new vehicle does so, among other things, in order to drive safely without needing frequent visits to the garage for repairs, certainly in the first year of the vehicle's life.
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...The plaintiff was indeed caused significant emotional distress and I set the compensation for emotional distress at a total of NIS 50,000 as of the date the claim was filed.
Lawyer against a car importer in other cases
Of course, this article cannot cover all possible cases in which a lawyer against a car importer can assist you, but it is important that you know that if you have a defective vehicle or have received a vehicle that does not meet the specifications you ordered, or in other cases in which you feel that your rights have been violated, you can contact a lawyer against a car importer to examine the case and help you understand whether you can file a lawsuit in court in order to receive appropriate remedies.
In appropriate cases, you may also consider submitting Class action lawsuit against a car importer.
In conclusion
A lawyer against a car importer is a lawyer who specializes in lawsuits against car importers in a variety of issues related to new or used vehicles.
It is very important to contact a lawyer against a car importer who is knowledgeable in this field and experienced in lawsuits against car importers because car importers also use the services of very experienced lawyers in this field, and if you decide to hire the services of a lawyer who is not experienced in this field or is not experienced in lawsuits against car importers, you may be at a disadvantage from the very beginning of the procedure.
A lawyer against a car importer can assist you in a wide variety of cases, but the most prominent cases in which lawsuits are filed against car importers are when you receive a new car with faults, when the importer does not have spare parts to repair the car, or when the car arrives at the garage frequently and frequently.
