You discover that the vehicle you bought was in an accident. You invoke a hidden defect
The vehicle you just purchased is not working properly. The mechanic to whom you entrusted it informs you that the vehicle has suffered an accident and that the repairs were not carried out correctly. You did not know that this vehicle had been involved in an accident.
In the presence of a hidden defect, the buyer has the choice between requesting the resolution of the sale and requesting a reduction in the price (article 1644 of the Civil Code):
(1st case) the buyer returns the car to the seller and the latter reimburses him in full the purchase price;
(2nd case) the buyer keeps the vehicle, but is reimbursed part of the price. It is generally an expert who will quantify the amount to be reimbursed.
The buyer is completely free to choose one or the other decision and does not have to justify his choice.
Dear,
I bought a used car (make, model) from you on (date) through a classified ad in (name of newspaper) which stated that the vehicle was in good condition.
The mechanic to whom I entrusted this car for maintenance has just informed me that it had suffered a serious accident and that the repairs had not been carried out correctly. This is a hidden defect that every seller is obliged to guarantee.
If I had known the existence of this accident,
(1st case) I certainly would not have acquired this vehicle, which is why I am asking you to reimburse me for the purchase price of the vehicle within eight days and I will then return the vehicle to you.
(2nd case) I would have bought this vehicle at a lower price, which is why I am asking you to reimburse me (the sum that you will fix for it).
In the absence of a satisfactory response from you, I will be forced to go to court.
Please accept, Madam, Sir, the expression of my best regards.
(Signature)
Attachments: certificate from the mechanic, expert report. 35
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