Our policy-holder had purchased a used automobile from a professional. The vehicle broke down 4 months after it was purchased and the customer immediately returned it to the seller's garage demanding the seller take responsibility for the repairs.
The seller did not wish to do so as the contractual 3-month warranty had already expired. He simply suggested a discounted price for the labour if the vehicle was repaired at the seller's garage which our policy-holder did not want to accept as the estimate was nearly the same as the price paid for the car...
In agreement with the policy-holder, INOV Broker's attorney first of all decided to formally demand the professional, reminding him of his obligations as a seller, and more specifically, his legal obligation to guarantee the sold property against any hidden defects.
In fact, the type and extent of the breakdown led to the presumption of the existence of such a defect. At the same time, and without waiting for the response from the seller, he commissioned an adjuster with the task of arranging an adjustment in the presence of all parties.
This vehicle was in fact the only means of transportation for our customer, who was inconvenienced considerably by not being able to use it in his day-to-day. The attorney anticipated a possible negative response from the third party in an effort to gain some time given the irreducible deadlines with second-opinion adjustments.
So, he phoned the seller to establish the seller's intentions and inform him that if he would do the repairs quickly then no additional compensation would be requested by our customer. This meant that he would not be forced to offer a replacement vehicle.
The professional did not wish to acknowledge any liability and confirmed his refusal. He did, however, offer to loan our policy-holder a vehicle for throughout the process...
With the second adjustment report in the presence of all the parties the existence of a hidden vice was quickly proven and the seller's liability was made evident.
Considering the extent of the repairs, the adjuster commissioned by INOV Broker called for a cancellation of the sale which was accepted by all parties. In the end, the professional reimbursed our customer for the price of the car and all supplementary costs and our customer returned...both of the vehicles!
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