Everything you need to know when buying a used car with hidden defects
Buying a used car is a daily routine for many Lithuanians, but not always a pleasant one. It is not uncommon for a vehicle to start breaking down after just a few weeks, even though it appeared to be in good working order at the time of purchase. What if it turns out that the car was sold with hidden defects and the seller kept it quiet?
The law is on the buyer's side
According to the Civil Code of the Republic of Lithuania, the seller is obliged to guarantee that the second-hand car meets the quality requirements and to provide accurate information about its technical condition. Even if the seller claims not to have known about the fault, this does not exempt him from liability.
"Information about the condition of a used car must be disclosed regardless of whether the buyer asks for it. Withholding it is treated as dishonest behaviour on the part of the seller," says Mantas Baigys, a lawyer at AVOCAD .
If, after the purchase of the car, it turns out to have hidden defects, this gives rise to a claim for a reduction in the price, for the defects to be repaired at the seller's expense, for the cost of repairs, or even for cancellation of the transaction and the money paid to recover the money paid. Importantly, neither the low price of the car, nor its high mileage or age, in itself exempts the seller from liability for defects that have not been disclosed.
However, the seller can also defend himself. The law says it is not liable for defects of which the buyer was aware, or if the defects occurred after the car was handed over - due to misuse or the fault of third parties.
What should the buyer do?
The lawyer points out that it is advisable to include all known defects in the contract before signing the contract of sale and to keep all documents relating to the maintenance and repair of the car after the purchase. If the car breaks down, it is important not to delay: inform the seller immediately in writing, contact an authorised repairer, record the defects and obtain an official diagnosis.
"The sooner the buyer reacts and has evidence of hidden defects, the easier it will be for him to defend his rights. That's why it's important not to delay, and if necessary, to contact a lawyer," says M. Baigys.
The right to a quality product is not limited to new items. Even if you buy a second-hand car, you can reasonably expect to have a suitable and quality car. But it is a good idea to be careful before signing a contract - and if there are problems, to know your rights and not be afraid to exercise them.
Buying a car is not just the purchase of a motor vehicle, it is a legally significant transaction that is subject to clear rules. Fairness and disclosure play a key role. Knowing your rights and obligations can help you avoid unpleasant surprises and ensure the smooth operation of your vehicle.