Buying a used vehicle: what are the seller’s obligations?

Vehicles for sale or exhibited for sale must be provided with labeling affixed to the vehicle or nearby and bearing, in visible characters and of the same dimensions, the following mandatory information:

the sales denomination: the brand, the type, the model, the version, if applicable, the variant of the model, the month and the year of the 1st putting into circulation;

the total mileage traveled if it is a vehicle acquired new by the seller or if it can be justified; failing this, the odometer reading followed by the words “not guaranteed”;

the selling price, all taxes included, which will actually be paid by the consumer, excluding the cost of the certificate and registration fees.

These mentions must be identical to those appearing on the commercial documents (order form, delivery note, invoice) given at the time of the sale.

A mandatory written document must be given to you: purchase order, delivery note or invoice. It must include the following information:

the price indications must not lead to confusion for the consumer: the detailed cost of the additional paid services should be specified in particular; the price must be indicated inclusive of all taxes;

the deadline for delivery must also appear. It constitutes indeed one of the clauses of the contract and its non-respect authorizes the buyer to cancel the sale;

the method of financing: on the order forms, specify “in cash” (without credit) or “on credit” (by a credit organization offered by the seller or chosen by the customer). In the case of recourse to credit, the sale is subject to the loan: the consumer has a withdrawal period of 14 days after signing the prior credit offer.

The technical inspection report

Before the conclusion of the sales contract, for any vehicle over 4 years old, a technical inspection report must be given to the consumer.

It must have been established for less than 6 months. It is advisable to specify on the order form the date of delivery of this document.

The report informs before the sale on the state of the safety devices of the car. It only covers certain control points (chassis, suspension, axles, steering, braking, lighting, wheels, bodywork, equipment). In view of the technical report, the buyer can refuse the purchase of the vehicle.

Submitting the technical inspection report after the sale (at the time of delivery, for example) constitutes a criminal offence.

Documents required for vehicle registration

The seller must provide the buyer with the certificate of administrative status from the Histo Vec database and the documents necessary for the use of the vehicle:

the registration certificate (grey card) crossed out and bearing the words “transferred or sold on …”, followed by the seller’s signature;

a certificate of non-objection to the transfer of the registration certificate, which ensures the payment by the former owner of his fines

Please note that no regulatory provision obliges the seller to submit these documents. It is up to the buyer to claim them: they constitute an item of information on the anteriority of the vehicle.

Note the odometer reading and compare it to that given by the seller and to that mentioned on any maintenance invoices provided in order to detect any

After purchase, in case of abnormal failures

The legal guarantee or the hidden defects applies provided that the defect is serious and that it prevents the normal use of the vehicle. Attention, it is necessary to prove that the defect was hidden and that it existed before the purchase. If legal action is taken, it must be done promptly.

The so-called manufacturer’s commercial warranty covers certain defects and defective parts for a limited period (6 months, one year). The extent of this guarantee is shown on the order form (see the practical sheet on guarantees ).