Hidden defects on a motorcycle: what to do?

After many days of research and a convincing test drive, you've finally got your dream bike. But now, just a few days later, it crashes! And for a good reason, a manufacturing defect or defect that you could not find during the sale and that the seller could not tell you about? You may have been a victim of what is called: "Hidden defect on a motorcycle".

What to do with hidden motorcycle defects? What does the law say? What is the procedure to follow? We will deliver everything to you!

What is a hidden defect on a motorcycle?

A hidden defect, as the name suggests, is usually defined by the fact that a particular motorcycle defect was hidden from you when you bought the car. However, you should be aware that these are, in general, all hidden defects that even the seller may not be aware of. (The fact remains that even if the seller acts in good faith and the defect is not intentionally hidden, the seller's liability may arise.)

Characteristics of a hidden defect on a motorcycle

To be perceived as such, a hidden defect affecting your machine must meet certain characteristics:

1- The defect must be hidden, that is, it is not obvious and cannot be detected at first glance.

2- The vice should be unknown to the buyer at the time of the transaction... Therefore, he could not have known about it before the purchase.

3- The defect must be of particular severity to prevent proper use of the motorcycle.

4- The defect must be prior to sale. Hence, it must exist or be declared at the time of the transaction.

Hidden defects guarantee

Whether it is a new motorcycle or a used one, and whether the transaction was between individuals or a professional, the seller must comply with certain obligations. The law provides warranty against defects in goods sold according to article 1641 of the Civil Code:

"The seller is bound by a warranty against hidden defects in the sold product that make it unusable for the intended use, or that reduce this use to such an extent that the buyer would not purchase it or give it a lower price if he knew them." ...

In this way, hidden defects guarantee protects the buyer from hidden defects on his motorcycle. Defects that interfere with, inter alia, the normal use of the motorcycle or that could affect or interfere with its sale. This warranty applies to all types of motorcycles, new or used, regardless of the seller.

Warranty onArticle 1648 of the Civil Code You can submit an application within two years from the date of discovery of the defect. "A claim for serious defects must be brought by the purchaser within two years of the discovery of the defect."

Procedure for hidden defects on a motorcycle

Once you have provided proof of the hidden defect on the motorcycle, you have two alternatives: either you try to solve the problem out of court, or you initiate legal proceedings.  

1 - Provide evidence

In order to claim a hidden defect, the buyer must provide proof.

Then the question arises of providing various certificates and supporting documents confirming the defect, such as, for example, an estimate for the repair caused. It is also necessary to prove before the purchase that the defect has arisen. Then the buyer can check the engine and make an accurate diagnosis of wear Engine components: crankshaft, bearings, rings, pistons, gearbox, etc. All fine particles in the degeneration will be analyzed according to their material and origin to determine whether it is normal wear or completely destroyed one of the components. In the latter case, the buyer can immediately attack the seller for a hidden defect.

He can also conduct a vehicle examination by calling a motorcycle expert or one of the approved experts proposed by the courts for this type of consultation.

2 - Friendly Permission

As soon as the hidden defect is discovered, the buyer can contact the seller by sending him a written request by registered mail confirming receipt of the offer. settle a dispute amicably... According to the Civil Code, two options may be available to him:

• Return the vehicle and receive a refund of the purchase price.
• Leave the vehicle and request a partial refund of the purchase price of the motorcycle.

The seller, for his part, also has the ability to:

• Offer a replacement for the vehicle you have purchased.
• Take care of all repair costs.

3 - Legal procedures

If the amicable negotiations are unsuccessful, the buyer can begin legal procedures by first contacting his insurance company, which can accompany him with legal assistance.

In addition, he can also proceed with the cancellation of the sale, citing fraud in accordance withArticle 1116 of the Civil Code :

“Deception is the reason for the invalidity of the agreement when the maneuvers practiced by one of the parties are such that it is obvious that without these maneuvers the other side would not have entered into an agreement. This cannot be assumed and must be proved.