Nullity of the clause of non-guarantee of latent defects opposed by a professional seller
You bought a second-hand vehicle (car, motorcycle, coach, truck, plane, boat …) from a professional and the contract includes a non-warranty clause for hidden defects. Despite this, you can get this professional to guarantee your vehicle faults. It is indeed a constant principle which wants that the professional is supposed to know the defects of the thing and that he cannot be exempted from his guarantee. The only exclusion from this principle is provided for professionals in the same specialty. This is the case if the activity carried out by the buyer gives him professional knowledge equivalent to that of the seller.
You can therefore deliberately ignore this clause since it is supposed not to exist. Contact a specialized lawyer to advise you effectively in the choices of actions to be taken and their respective effectiveness. Always be aware that litigation is long, expensive and uncertain and that there are amicable methods of dispute resolution.
Jacques SIRET, lawyer for over 40 years, and mediator, will be able to guide and support you. The SIRET & Associés law firm, which has specialized in automobile law for 40 years, is at your side to advise and guide you in your efforts. Only a specialized lawyer can guide you, follow our adviceour secretary will advise you on making a quick appointment with one of our specialist lawyers.
The SIRET & Associés law firm, which has specialized in automobile law for 40 years, is at your side to advise and guide you in your efforts.
Email : accueil@siret-associes.com Tél 02.51.05.38.23
Nos implantations : CHALLANS – LA ROCHE SUR YON – POUZAUGES – BORDEAUX – AURILLAC