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Instead of gasoline – diesel
The story of Aurimas Mockus, a public figure in the port city, is striking. For Klaipeda residents who have already bought many cars in the past, this purchase stayed in their throats as a fork.
“I took a bath when I was a child. I said it was scary to tell someone. The two lawsuits were not in my favor, but the Supreme Court ruling was really surprising. It appears that jurisprudence is being formed and it is gratifying,” Mockus said.
It turned out that the purchased machine could not be operated.
A Klaipeda resident bought a “Bellier” car for his son three years ago.
“He was the only one in Lithuania, so the demand for these cars was growing. When my son was 15, I decided to look for a special car that would allow him to drive. I found an online advertisement that said that car is for sale in Raseiniai for 1,650 euros. I went to see it. ” “It hasn’t been a new car for 15 years, I suspected I would have to fix it before giving it to my son. But what I found later surprised me. It turned out that the purchased car was impossible to operate,” said A. Mockus.
Aurimas Mockus / Editorial Stock Photo
Upon registering the purchase, A. Mockus was surprised to see an entry in the automobile registration documents stating that the automobile has a factory installed gasoline engine.
“However, I did buy one that runs on diesel. The ad also says ‘diesel.’ Even then I had suspicions. It turned out that the tractor engine was installed, and this car would never meet technical requirements. In general, a this guy won’t pass technical inspections. ” .
We found two welded screwdrivers
The technical inspection sheet for the car was still valid for one year, but A. Mockus requested the “Transkona” company for an inspection of the car.
“I received a one and a half page transcript that listed all the car’s flaws. I didn’t know whether to cry or laugh. It turned out that everything on this machine was rotten or redone, so it was horrible.” of the two square corners for fences. The end of the exhaust pipe was also welded to the pieces of the pipe. I understand that the machine was 15 years old, but I really didn’t expect to buy such a breakout, “said A. Mockus.
Disadvantages: The car salesman removed his property from the Regitra parking lot this week, where the car has been idle for years. (Photo by Asta Aleksėjūnaitė)
At the technical inspection center, A. Mockus heard the assurances of specialists that in the future such a car, the documents of which contain an inscription on a gasoline engine, and actually run on diesel, will never be suitable for operation. .
“I asked to have the car inspection voucher canceled, but I heard that only the police could do that,” the man said.
The test results sheet concludes that “the vehicle does not meet the technical requirements, in the absence of an objective assessment of the vehicle’s technical condition, the re-inspection cannot be performed and only the properly prepared vehicle should be forwarded for inspection” .
He immediately offered to return only 500 euros
A. Mockus contacted the car seller from the beginning, but did not agree to return the money paid. Since the purchase agreement states that the car was purchased for only € 500, the seller offered to transfer that amount to the buyer’s account, indicating that it had been agreed with the buyer.
“I appealed to the police to prosecute the car dealer for fraud. The investigation started, then ended after the decision was appealed, and was resumed. However, the criminal case was finally ended. In parallel, there was a civil case in court, “said Mockus.
Two courts have ruled in favor of the buyer. The buyer himself is said to have had to choose the product more carefully, taking the opportunity to inspect it at the technical inspection center prior to the transaction.
However, the Supreme Court of Lithuania overturned the lower court’s decision by an final appeal.
“While the panel agrees with the appeals court’s argument that the plaintiff could not expect the same guarantees or good performance as the new car owner when buying a used car for 15 years, notes that the second article hand must also be suitable for its purpose. ” In the present case, the fact, emphasized by the national courts, that the car was performing its direct function at the time of purchase and was subject to mandatory technical inspection tests until March 31, 2019, was relatively low, not invalidates the fact that it was defective. its use is prohibited, that is, its use for the intended purpose “, is written in the court order
Sellers’ liability is not absolute.
The panel of judges also noted that the appeals court’s findings on the evidence of defects in the car are conflicting.
“It should be noted that the seller’s legal obligations to ensure the quality of the item sold and disclose information to the buyer about the condition of the item are not negated by the low price of the item sold or the seller’s ignorance of the item. Defects in the automobile became apparent only after In that case, the seller neither claimed nor proved that it had informed the purchaser of defects in the automobile that would prevent it from operating, or that those defects arose after purchase, conclusion of the contract of sale, or because of the buyer, “the court said.
Summarizing the arguments, the panel of judges explained that the seller’s responsibility for the quality of the item being sold is not absolute.
Generally speaking, no one prohibits the sale of crashed cars, only the buyer should be informed about the actual condition of the car.
“The law does not prohibit the sale of poor quality items, but the defects of the items must be discussed. If discussed, the parties are deemed to have agreed on the appropriate quality of the item and it is acceptable for the buyer to enter into a contract,” the court notes.
According to the court, the seller is responsible for the quality of the item sold.
No deficiencies were noted.
In the sales contract, the seller declared that the machine had no defects.
According to the court, the seller must disclose all the information to the buyer, whether he requires it or not. Failure to provide it to the buyer will be considered dishonesty of the seller.
Since the technical characteristics of the car in question in the case were fundamentally altered, the court held that the machine in question did not meet certain characteristics of the cars of that brand.
“The seller has a duty to provide the buyer with information that the item has certain characteristics, unusual properties that other similar items do not have, or otherwise has an individual quality,” the court noted.
Darius Budzinauskas, named as the car salesman, refused to communicate with the journalists of the “Klaipėda” newspaper.
On Tuesday, while pushing the car onto a special trailer in the Šilutė highway parking lot, the man stated that he did not want to exercise the right to clarify his position.
This was confirmed by the man again, offering to speak to him. The seller of the machine has clearly ensured that there will be no comment on this matter.
The decision was made by the guarantee.
The same day that the car was removed from Klaipėda, on June 23, the Klaipėda Regional Court issued another very interesting court ruling on the dispute between the consumer and the seller.
The court ruled that the seller must return the money for the stroller, the essential flaws of which have become apparent even 1.5 years after its purchase.
The seller had provided a two-year warranty on the item for sale. 1.5 years after purchasing the stroller and its accessories, the buyer approached the seller with a claim that after the child was placed in the stroller seat, the skin where the child received the footrest had been glued (peeled off) on a few days.
According to the district court, defects in the stroller purchased by the buyer cannot be considered negligible, as the seller argued, and the remedy he has chosen to terminate the contract of sale and refund of the stroller is a consumer proportional repair, even if part of the stroller is replaced. have reasonable doubts about the aesthetic appearance of the modified part of the wheelchair when the wheelchair is used for its intended purpose.
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