A breakdown after the legal deadline of five years? Overview of remedies

Two legal guarantees protect the buyer of a new or used car: the conformity guarantee and the hidden defects guarantee.

• The guarantee of conformity has a duration of 2 years from the sale. It protects the buyer against the differences that may exist between the vehicle he bought and the one delivered to him (condition, maintenance, characteristics, etc.).
• The legal warranty against hidden defects is intended to make it possible to take charge of the defects of the vehicle which affect its use (design defects, defective or damaged parts, etc.). This warranty lasts 2 years from the discovery of the defect in the vehicle.

The Commercial Code establishes the principle that contracts concluded between traders and non-traders cannot give rise to legal action after a period of 5 years. In the context of the purchase of a vehicle from a professional, the consumer is therefore deprived of taking action against the seller more than 5 years after the sale, and against the manufacturer of the vehicle more than 5 years after its first registration. circulation. So how do you try to obtain reimbursement for repairs for a breakdown that occurred after the expiration of this 5-year legal period?

The guarantees of the seller and the manufacturer as an extension of the legal guarantees

If the breakdown occurs more than 5 years after the vehicle has been sold or has been put into service for the first time, it is possible to resort to the seller’s commercial warranty or the manufacturer’s warranty if the vehicle meets the conditions for benefiting from it. It is relatively rare for commercial warranties to cover the buyer for more than 5 years, but some manufacturers offer longer warranties.

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The manufacturer’s warranty in a nutshell

The manufacturer’s warranty is in addition to the legal guarantees of non-conformity and hidden defects: it therefore allows the buyer to benefit from additional guarantees. It may have variable content depending on the brands and even the models. For 2 years, the manufacturer’s warranty will cover all mechanical, electrical and electronic parts of the vehicle, with the exception of wearing parts, regardless of the mileage traveled. After this 2-year period, the manufacturer’s warranty will be more or less extended depending on the manufacturer.

The duration of the manufacturer’s warranty varies depending on the brand. To this is often added a mileage condition, even if some brands do not subject their warranty to a particular mileage, thus offering their customers a so-called “unlimited mileage” guarantee. If there is a mileage condition, the first of the two terms reached marks the end of the warranty. Note that the manufacturer’s warranty is free whatever the make and model of the vehicle, since only warranty extensions intended to extend the initial period may be chargeable. It is finally transmitted to the successive owners of the car.

Recourse in the event of refusal of warranty

If the failure meets the criteria of the manufacturer’s warranty or that of the seller and one of the latter refuses to intervene, remedies exist. Indeed, the seller’s commercial warranty and the manufacturer’s warranty are contracts which can be enforced in court. The buyer will however have to prove that the failure of the vehicle falls within the conditions stipulated in the guarantee contract.

Insofar as this is a technical question, it will be necessary to have recourse to an amicable appraisal first, or even to a legal appraisal if the dispute persists. The time limit for taking legal action is 5 years from the breakdown of the vehicle, and it is only interrupted by a lawsuit. Discussions with the seller or the manufacturer and any amicable appraisals therefore do not interrupt this period. It will therefore be necessary to monitor this deadline so as not to act late if the disagreement persists.

You will understand, unfortunately not all motorists will be able to act. In the event of a breakdown or defect discovered late, only those who benefit from a seller’s or manufacturer’s warranty beyond 5 years will be able to obtain repair of their vehicle. So, to buy your car with confidence, you should look at the general conditions of the seller’s and manufacturer’s warranty. Often numerous and written in small print, they should have your undivided attention!

Manufacturers offering a guarantee of more than 5 years

Some car manufacturers guarantee their vehicles for more than 5 years. These warranties are however subject to conditions: mileage, parts not covered, maintenance conditions and other limitations will therefore have to be examined. For all of these brands, recourse to the manufacturer’s warranty will therefore be possible for a breakdown occurring more than 5 years after the vehicle was first put into service.

(1) Subject to servicing the vehicle at dealers and repairers approved by the brand. Possible extension to 200,000 km the first three years for taxis.
(2) On Korando and Tivoli. 5 year / 100,000 km limited warranty on Rexton.
(3) Parts not covered: multimedia systems, all body parts, interior components of the passenger compartment, exhaust system.
(4) Parts not covered: turbo, injectors, high pressure pump, water pump, radiator, starter, alternator, wiring harness and computer.