The problem: a new car with defects
The purchase of a new car represents a significant investment, accompanied by expectations of reliability and safety. Discovering a manufacturing defect, a hidden flaw, or, worse, that the vehicle's emissions have been tampered with, can turn this moment into a source of profound frustration and concern. In these circumstances, it is essential to know that the law protects your consumer rights and that there are precise legal avenues to obtain justice. Facing a car manufacturer or dealer may seem like a complex undertaking, but with the right legal assistance, it is possible to assert your rights. As an expert lawyer in damages compensation in Milan, Avv. Marco Bianucci assists clients in protecting their investment and obtaining fair compensation.
Legal Guarantee and Consumer Rights
In Italy, the primary protection for those who purchase a defective car is represented by the legal guarantee of conformity, governed by the Consumer Code. This guarantee, valid for two years from the delivery of the vehicle, obliges the seller (usually the dealer) to deliver goods that conform to the sales contract. A car is considered non-conforming if it has defects that reduce its value, make it unfit for its usual use, or do not possess the promised qualities. In the face of a lack of conformity, the consumer has the right, at their choice, to the repair or replacement of the vehicle, free of charge. If these solutions are not feasible or are excessively burdensome, a proportionate reduction in price or the termination of the contract, with a refund of the amount paid, can be requested.
Hidden Defects and Tampered Emissions (Dieselgate Case)
In addition to obvious defects, protection extends to so-called hidden defects, i.e., those problems not recognizable at the time of purchase that only emerge with the use of the vehicle. An emblematic case that falls into a broader category of non-conformity is that of tampered emissions, known to the general public as 'Dieselgate'. In these situations, the vehicle is technically functional but does not comply with environmental regulations and the specifications declared by the manufacturer. Even in this scenario, the buyer has the right to take action to obtain compensation, as the delivered goods are different from those promised and have characteristics that reduce their value and marketability.
The Bianucci Law Firm's Approach to Damages Compensation
The approach of Avv. Marco Bianucci, a lawyer with extensive experience in damages compensation, is based on a strategic and personalized analysis of each individual case. The first step involves a careful evaluation of the documentation, which includes the purchase contract, communications with the seller, and, if available, a technical report attesting to the nature and extent of the defect. Subsequently, a formal notice of default is sent to the dealer and, if necessary, to the parent company, to request the fulfillment of warranty rights. The primary objective is to reach an out-of-court settlement that fully satisfies the client, such as vehicle replacement or adequate compensation. If an agreement cannot be reached, the Bianucci Law Firm is prepared to initiate legal action aimed at fully protecting the consumer's rights in court.
Frequently Asked Questions
How long do I have to report a defect in a new car?
According to the Consumer Code, the consumer is obliged to report the lack of conformity to the seller within two months from the date on which they discovered it. Legal action to enforce the warranty prescribes, in any case, within twenty-six months from the delivery of the goods. It is therefore crucial to act promptly to avoid losing your rights.
What is considered a serious defect in a car?
A defect is considered serious when it makes the car unfit for the purpose for which it was purchased or significantly reduces its value. Examples may include recurring engine problems, structural defects in the chassis, serious malfunctions of the braking system or onboard electronics. The seriousness of the defect is a determining factor in requesting contract termination rather than simple repair.
Can I claim damages for a car with tampered emissions (Dieselgate)?
Yes, you can. Case law has confirmed that the sale of a vehicle with software designed to alter emissions data constitutes a serious breach of contract. The buyer has suffered damage, having purchased a car with characteristics and a value lower than those declared. It is therefore possible to take action to obtain a price reduction or compensation for the damage suffered.
Who should I contact: the dealer or the manufacturer?
Legally, the direct party responsible for the guarantee of conformity is the seller, i.e., the dealer from whom the car was purchased. Therefore, the defect should be reported to the dealer. However, depending on the nature of the defect and the legal strategy, it may be appropriate to involve the car manufacturer as well, especially in cases of serial defects or complex issues such as those relating to emissions.
Request an Assessment of Your Case in Milan
If you have purchased a defective car and believe your rights have been violated, it is essential to receive clear and competent legal advice. Avv. Marco Bianucci offers an in-depth analysis of your situation to define the most effective strategy to obtain vehicle replacement or fair compensation. For an assessment of your case, you can contact the Bianucci Law Firm, located in Milan at via Alberto da Giussano, 26.