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User Rights – How do car experts assume responsibility after discovering abnormalities and faults in a newly purchased vehicle?
It is not uncommon for a sale to be accompanied by an expert report from the seller to increase the value of the vehicle and to convince the buyer that the vehicle does not have any defects.
However, when a dispute arises with the seller of the vehicle, it is advisable to also seek liability from an expert.
An expert who had no contractual relationship with the deceived buyer could be held liable under Article 1240 of the Civil Code, which in fact provides: “If any act of a person causes damage to another, the person who caused the damage by negligence is obliged to repair the damage.”
The court held that, in fact, an expert company had committed a fault giving rise to liability when it certified that a vehicle was fit to be driven under normal safe conditions, when in fact the vehicle was affected by unusual circumstances which made it unfit for its destination.
Although the automotive expert has a duty to inspect dangerous vehicles, the expert’s negligence is assessed based on the work done by a conscientious professional.
In fact, automotive experts must ensure that the vehicle is suitable for driving under normal and safe conditions.
If the expert did not detect the defect of the vehicle, did not carry out the usual or at least basic investigation, and through his report influenced the decision to buy the vehicle, the judge will be able to assess the occurrence of the fault.
Finally, experts may even be held criminally liable if their reports resemble those of complacency or collusion.
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