In “The 1 p.m. at your side”, the TF1 news accompanies you with everyday problems.
On today’s agenda, the question of a motorist from Nièvre who accuses the seller of his used car of having provided him with a false technical inspection.
Valentin Dépret responds to him on the set of Marie-Sophie Lacarrau.
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The 1 p.m. at your side
Today we are answering a question from Jason, a resident of Nièvre. He bought a used vehicle from a private individual, but it broke down the same day. According to him, the seller provided him with a false technical inspection. How is this possible?
It’s true that the document is strange. On the technical inspection provided before signing, there are only a few lines with only minor faults: poor adjustment of the front headlight, slight tire wear… The inspection is favorable. The problem is that the technical inspection that Jason had carried out after the sale did not give the same result at all. Around twenty lines, and above all eleven major failures, notably the tank leak. And above all, the control is unfavorable, counter-visit obligatory!
How can we explain the difference between these two documents? There are three possible explanations: either the first controller missed several major failures, in which case he is at fault. Either he did his job well, but the seller of the car falsified the document, this is clearly a scam. Or, third hypothesis, the most probable according to Jason: the technical inspector and the seller have agreed to ignore certain breakdowns, this is what we call a “convenience” technical inspection. Here too of course, it is prohibited, it is even a criminal offense.
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In this case, first reflex: we ask this technical controller for explanations. Show him both documents, and try to work out an arrangement. If that doesn’t work, according to Charles Savary, road law lawyer at Akrich Savary Avocats in Lyon, this time you need to have the repairs to your car in a garage calculated, particularly here for the eleven unreported major faults. And with this estimate, by registered letter, we put the technical controller on notice, and we ask him to compensate us.
If he refuses, it is surely because he considers that he has not committed a fault. It’s true that he can defend himself because there is a rule to know: a technical inspection must be carried out within six months before the sale of a used vehicle more than four years old, so he can estimate that the breakdowns occurred after its inspection. In this case, the simplest thing is to contact an independent automobile expert. It will date and determine the origin of the breakdowns. And if he confirms that the faults were there before the inspection and should have been reported, the technical inspector is indeed at fault, so it is the usual procedure: justice conciliator and if necessary judicial court.
On the other hand, if the expert considers that the breakdowns occurred after the inspection, this time you must contact the seller. He may have intentionally failed to tell you about these serious problems with the vehicle. In this case, we are rather talking about hidden defects. Here too, expertise is required, but if you win your case, you can obtain the cancellation of the sale or the repair of the vehicle at the seller’s expense.
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