- Commercial and Economic Law
- Ann Vranken
- car seller , professional car seller , new cars , used cars , car dealer , checklist for used cars , right of withdrawal
The obligations that professional car sellers had to meet up to now when selling new motor vehicles to consumers have been revised and extended to the sale of used cars.
Since 2000, professional car sellers are required to include a certain amount of essential information on the front and general terms and conditions on the back of the order form they use when selling new motor vehicles to a consumer.
This regulation will be amended as of 1 November 2019 and will also be extended to the sale of second-hand motor vehicles.
What will professional car sellers have to consider when selling a new or a used car?
In some cases, mandatory data has been developed or defined more precisely, such as:
Even more …
When a used car is sold by a professional car seller, a checklist must be added to the sales agreement with a detailed description of the car sold. This checklist must be an integral part of the sales contract.
The Royal Decree provides in its annex a model form.
This form contains lists spare parts and equipment of which must be stated whether they are in good condition or if they show signs of wear and whether existing defects must be repaired before delivery.
This list is not only good for the buyer but also for the seller who has every interest in having the most accurate description of the vehicle sold at the time of sale. In this way, buyers will no longer be able to rely on their warranty for defects they knew at the time of sale.
The buyer has the right to decline to purchase up to 14 days after the delivery of the vehicle if he has purchased a vehicle remotely (online) or outside the usual areas of sale of the seller (at a motor show or at a trade show, for example). This right of withdrawal must be stated in the sales agreement.
However, the buyer does not have a right of withdrawal if it concerns a new car that is custom made according to specifications specified by such buyer. This too must be explicitly stated in the sales contract.
These new obligations will come into effect on 1 November 2019. The old regulation of 2000 will be abolished.
The Royal Decree explicitly states that all contractual clauses are prohibited and void if they are contrary to the new provisions or if they directly or indirectly limit or remove the rights of the consumer.
New car dealers, who often use pre-printed order forms from their importer or manufacturer, also have an interest in verifying that their documents comply with the new requirements.
It is therefore essential that all professional car sellers have their sales agreements and order forms (and the terms and conditions of sale included therein) used for the sale of new and used motor vehicles checked and adapted to the new requirements by 1 November.
With regard to the sale of used cars to consumers, the obligatory checklist to be added will undoubtedly bring benefits to both the seller and the buyer.
Buyers will be better informed of the guarantee (legal and commercial) that they can invoke in the event of a hidden defect and also who they should contact to claim for it.
Sellers will be better protected with the checklist because the sales agreement now clearly indicates which defects the buyer is aware of at the sale and which must be repaired.
For information or assistance, please contact us via email@example.com or by telephone on +32 (0)2 747 40 07.