Used car from abroad. What to beware of, what to check, how not to be deceived?
A seized odometer, past history of the car, fake documents are just some of the problems that can be faced when importing a car from abroad. We advise how to avoid them.
Advice on how not to strain when buying a used car abroad has been prepared by the European Consumer Center. This is the EU institution to which consumer complaints are sent, incl. on unscrupulous used car dealers from Germany and the Netherlands.
1. Do you buy a car online? Don't pay up front
Kowalski found an ad for a used middle class car on a popular German website. He contacted the German dealer, who informed him that a transport company would take care of the delivery of the car. Then he concluded a distance contract with the seller and transferred 5000 euros, as agreed, to the account of the shipping company. The status of the parcel can be tracked on the website. When the car didn't arrive on time, Kowalski tried to contact the seller, to no avail, and the shipping company's website disappeared. “This is a recurring pattern of car scammers. We have received about a dozen such cases,” says Malgorzata Furmanska, a lawyer at the European Consumer Center.
2. Check if a used car company really exists.
The credibility of every entrepreneur in Europe can be checked without leaving home. It is enough to enter the name of the company into a search engine in the register of economic entities of the given country (analogues of the Polish National Court Register) and check when it was founded and where it is located. A table with links to search engines for business registers in EU countries is available here: http://www.konsument.gov.pl/pl/news/398/101/Jak-sprawdzic-wiarygonosc-za…
3. Beware of offers like "A specialist translator will help you buy a car in Germany."
It is worth taking a closer look at the ads on auction sites where people who call themselves experts offer travel and professional assistance when buying a car, for example, in Germany or the Netherlands. The reputed professional offers his services in a "buy now" mode without entering into any contract with the buyer. Helps to find a car, concludes an agreement on the spot and checks documents in a foreign language. Unfortunately, it happens that such a person is not a specialist and cooperates with an unscrupulous seller, falsely translating the content of documents to the buyer.
4. Insist on written confirmation of supplier claims.
Usually dealers advertise the condition of the car, claiming that it is in perfect condition. Only after a review in Poland does it become clear to what extent the promises do not correspond to reality. “Before we pay money, we must convince the seller to confirm in writing in the contract, for example, the absence of accidents, odometer readings, etc. This is the evidence necessary to file claims if it turns out that the car has defects,” advises Małgorzata. Furmanska, lawyer at the European Consumer Center.
5. Find out about the popular catch in contracts with German dealers
Often, negotiations on the terms of the purchase of a car are conducted in English, and the contract is drawn up in German. It is worth paying attention to several specific provisions that may deprive the buyer of legal protection.
In accordance with the rules, the seller in Germany can relieve himself of responsibility for non-conformity of the goods with the contract in two cases:
– when he acts as a private person and the sale does not take place in the course of his activities,
- when both the seller and the buyer act as traders (both within the business).
To create such a legal situation, the dealer can use one of the following conditions in the contract:
– “Händlerkauf”, “Händlergeschäft” – means that buyers and sellers are entrepreneurs (they operate as part of their commercial activities, not private)
– “Käufer bestätigt Gewerbetreibender” – the buyer confirms that he is an entrepreneur (merchant)
- "Kauf zwischen zwei Verbrauchern" - means that buyers and sellers enter into a transaction as individuals.
If any of the above phrases are included in a contract with a German dealer, there is a significant possibility that the document will also include an additional entry such as: "Ohne Garantie" / "Unter Ausschluss jeglicher Gewährleistung" / "Ausschluss der Sachmängelhaftung". , which means "no warranty claim".
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6. Invest in a Review Before You Buy
Many disappointments can be avoided by checking the car in an independent garage before signing a deal with a dealer. The most common problems that many buyers discover only after closing the deal are meter resets, hidden problems such as a damaged engine, or the fact that the car has been in an accident. If it is not possible to conduct a pre-purchase inspection, it is worth at least going to the car mechanic to pick up the car.
7. In case of problems, please contact the European Consumer Center for free assistance.
Consumers who have been victims of unscrupulous used car dealers in the European Union, Iceland and Norway can contact the European Consumer Center in Warsaw (www.konsument.gov.pl; tel. 22 55 60 118) for help. Through mediation between an aggrieved consumer and a foreign business, CEP helps resolve the dispute and obtain compensation.
