Hidden defects (vice caché) in a used car: conditions, deadline and steps

A hidden defect (vice caché) is a fault that was not visible at purchase, that makes the car unusable or greatly reduces its use, and that already existed at the time of sale. You have 2 years from the discovery of the defect to act, within a limit of 20 years after the sale, and it is up to you to prove the defect. The guarantee protects buyers from private sellers as well as from professionals. Our comparison of buying from a private seller or a professional covers the other guarantees; this article focuses on hidden defects.

What is a hidden defect on a car?

According to Service-Public.fr, it is a defect that does not show on first impression. It makes the item unfit for its intended use, or reduces that use so much that you would not have bought it, or would have paid less for it, had you known (Service-Public.fr). Articles 1641 to 1649 of the Civil Code set out the rules.

What are the conditions for claiming a hidden defect?

Three conditions must all be met (Service-Public.fr):

1. the defect is hidden, meaning not apparent at the time of purchase;
2. it makes the item unusable or greatly reduces its use;
3. it exists at the time of purchase.

If one is missing, the guarantee does not apply. A defect you could see during the viewing or the test drive is not "hidden". A defect that appeared after the sale does not meet the third condition.

Another limit: the hidden-defect guarantee does not apply to auction sales or to goods sold by a commissaire de justice (court officer) (Service-Public.fr).

How long do you have to act?

You have 2 years from the discovery of the defect, and at most 20 years from the day of the sale (Service-Public.fr). The starting point is therefore the discovery of the defect, not the purchase date. Keep something that dates that discovery (diagnosis, quote) and act without delay.

How do you prove a hidden defect?

The burden of proof is on you. Service-Public.fr indicates that you can produce statements or repair quotes, and ask a professional for an opinion on the technical question, called an amicable expert assessment (expertise amiable). To find an expert near you, the list of experts approved by the courts is available (Service-Public.fr).

Gather from the start:

• the expert's or garage's report, describing the defect and its origin;
• repair quotes;
• the advert, the transfer certificate or order form, the invoice;
• the roadworthiness test report provided at the sale.

The documents handed over at purchase are detailed in our article on the documents to demand.

How do you make the guarantee work, step by step?

1. Get a diagnosis made: expert assessment, statement or quote.
2. Write to the seller by registered letter with acknowledgement of receipt. In all cases, you must state the type of refund and the compensation you want, with supporting documents such as the delivery note or invoice (Service-Public.fr). Service-Public.fr offers letter templates.
3. If the seller is a professional and refuses, file a report or ask for advice through Signal Conso.
4. If the dispute continues, try mediation (the mediator may be linked to the seller) or conciliation (the conciliateur de justice is independent).
5. If mediation or conciliation fails, go to court. For a dispute of €10,000 or less, the competent court is the tribunal de proximité or the tribunal judiciaire; above €10,000, the tribunal judiciaire. You can then claim damages.

Using a conciliateur de justice is free, but they do not give legal advice (Service-Public.fr). For a legal question, you can call the DGCCRF on 0809 540 550 (non-premium number, opening hours on the Service-Public.fr page).