Question: A month ago, I bought a car and paid for it in full, and the car was registered under my name. However, now I have discovered that the car has a defect in the engine and that it has been completely painted.
I tried with the seller to return the car and refund its price, but he refused. My question is: Do I have the legal right, after a month of purchasing the car, to return it due to these defects that I mentioned? What legal procedures must be taken in this case? Please advise.
Answer:
I would advise the following:
As per Article 544 of the Civil Transactions Law (“If an old defect appears in the thing sold, the purchaser shall be at option either to restitute it, or accept it at the nominated price, but he may not retain it and claim the amount of the decrease in price due to the defect.”)
The purchaser may apply such right, as per Article 555 of the same Law, within 6 months of its delivery, unless the seller binds himself for a longer period, (“The lawsuit in warrant of the defect is not receivable due to prescription occurring after the lapse of six months as of taking delivery of the thing sold, unless the vendor binds himself for a longer period. The vendor shall not adhere to this duration if it has been proved that hiding the defect was by fraud imputed to him.”)
You have to file a lawsuit against the seller to return the car and recover your money based on the fact that the defect was existing in the thing sold before sale while still under the control of the seller before delivery and that you couldn’t discover this defect by normal look on the outward appearance of the thing sold, as an ordinary person because it needed an expert to detect it.
