Legal essence: the party that provided the conclusion of the contract of sale to the other party with inaccurate information about the circumstances relevant to the conclusion of the contract will be obliged to compensate for losses incurred as a result of concealing these circumstances.
Looking into the seller’s clear eyes, many people tend to believe that the numbers on the odometer of a ten-year car, say, 47 351 km, are true, that she always wintered in the underground garage, and in the summer she knew the perfect asphalt on the way to the cottage, and even that on holidays and weekends. And soon the deceived "fall" to repair the engine, chassis - anything.
And the “inaccuracy” of information does not threaten the seller with anything. But we will make a reservation: in cases when the car passes from one citizen to another. When the car is sold by the company according to the Trade-in scheme (that is, purchased from the previous owner and became the property of the company), the transaction is protected by the consumer protection law: within two weeks, the company must either eliminate the defect or take back the goods, and the money return.
But not in all cases this is possible. A lot of second-hand sellers of second-hand cars in the secondary car market. They fulfill the function of a commission agent, and if a new owner appears with claims, they show him an agreement on intermediary services: "And all claims are against the old owner."
The project with “assurances of circumstances” involves a more encouraging guarantee for the new owner of a car to recover amounts for a lawsuit against the seller. However, it does not force the seller to compensate for losses automatically, upon request.
At the request of Za Rulem.rf, David Pavlov commented on the amendments to the Civil Code of Practice with extensive experience - head of the department of used cars at Major Expert.
- The idea, based on the information that has reached us, is good and useful. Another thing is what will be the mechanism of action of the updated Civil Code. Let's look at its final text after the approval of the amendments, but I’ll say right away that there are hardly any new requirements for companies working on Trade-in: the law on consumer rights fully takes into account the interests of customers.
“I think, unfortunately, nothing will change for gray sellers,” continued David Pavlov. “They cannot be prohibited from intermediation, and they, as before, will trade without accepting responsibility for the cars they sell.”
David Pavlov, Major Expert
- I would not predict that there will be fewer buyers choosing used equipment based on ads from individuals. It would seem that practical people will buy expensive equipment from someone who gives guarantees, from whom you can ask. However, sellers and buyers have a strong idea that Trade-in is losing more. But, again, wait for the publication of the final version of the law. It is possible that the execution of “statements of circumstances” as a binding document will be entered into the transaction procedure of two individuals. Then for the buyer there will be certain guarantees, the implementation of which can be required by law.
The project can be quickly considered and adopted by the State Duma, and in early autumn will come into force.
The country's secondary car market is close to saturation, exhaustion of its potential, statistics commentators say, so the presidential draft amendments are unlikely to open up new opportunities for this sector of the economy. Another thing, the updated Code will add to it civilization, more precisely - it will tell you to deal with those who are legally responsible for the goods sold, which means - with Trade-in.
Stanley Routh, Head of Services for the Russian Car Market. Stanley Routh, Head of Services for the Russian Car Market.