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Legal aspects of used car guarantee
Someone I know agreed to buy from a garage a used car exhibited for export and without a guarantee if the garage would do a controle technique because he wants to use it here. Before he got to his house, the car broke down. The garage asked him to bring it, but as the garage was in a different city, he repaired it at a local garage. The problem wasn't remedied, even after one or more attempts at repair. He talked to his insurance company, who said he has to take it to the garage and arranged for an expert to attend. This was done and the car was repaired.
QUESTION 1: Was the garage legally obliged to fix the car though the buyer agreed to buying it without a guarantee, or was it a gesture of goodwill?
Upon receiving the repaired auto, the garagiste made him sign a paper pre-signed by the garagiste and the expert saying that he will never again ask for any service.
QUESTION 2: If the garage repaired the car because of a legal obligation, is the paper he asked the buyer to sign legal?
“agreed to buy from a garage a used car exhibited for export and without a guarantee“
Is the person you know a complete idiot?
Oh dear! Lots of valuable lessons to be learnt. Before buying a vehicle seek advice from other car owners, government car organisations and car insurance companies.
If I buy from you, say, a second-hand TV with the clear understanding that I buy it 'as is', that it is working when I buy it and that there is no guarantee as to how long it will continue to work - in other words under exactly the same conditions as the car has been sold - what would you do if I came back a day later and said that the TV no longer worked?
However - and the insurers will certainly confirm this - is it legal for a dealer to sell a car for use in Belgium (i.e. which is not being exported) without any form of guarantee? I have a memory that there was a fuss about this some years ago with dealers complaining that they should not be expected to offer a full guarantee on a car which might be 10 or more years old.
