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São Paulo Court Determines Cancellation of Car Sale Contract with Hidden Defect and Guarantees Refund of Paid Amount plus Compensation for Moral Damages to the Buyer
Buying a used car can be a great deal, but it also hides risks when there is no transparency about the actual condition of the vehicle. This is exactly what happened in São Miguel Paulista, in the eastern part of São Paulo, where a consumer had to go to court after purchasing a car that presented serious engine defects shortly after the purchase.
According to the ruling issued by Judge Henrique Maul Brasilio de Souza, from the 3rd Civil Court of São Miguel Paulista/SP, it was recognized that the car had a hidden defect that compromised its functioning. Therefore, in addition to the cancellation of the purchase and sale contract, the judge determined that the buyer be <strong compensated 5,000 BRL for moral damages, in addition to the full refund of the amounts paid in the transaction.
How the Purchase Occurred and What Problems Were Found
The vehicle had been acquired through a cash down payment and bank financing. However, within a few days of use, serious mechanical failures appeared that made it unsuitable for circulation and daily use.
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In its defense, the financial institution responsible for the credit claimed that it could not be held liable, as it only financed the operation and did not take part in the sale of the car. The argument was accepted by the judge, who pointed out that there was no direct link between the bank and the manufacturer. Thus, responsibility fell entirely on the seller of the vehicle.
The process also indicated that the seller was personally cited but did not present any response or defense, reinforcing their responsibility in the case.
Judicial Decision: Hidden Defect and Compensation for Moral Damages
According to the inspection report submitted in the case, the car exhibited “non-conformities” and structural repairs that were poorly executed. The judge noted that, although the vehicle was used and had high mileage, the problems exceeded the expected natural wear, affecting the basic function of the asset: transporting people and cargo safely.
According to the ruling, the situation constituted a defect of quality that significantly reduced the value of the car and practically made its resale impossible. The judge also highlighted the so-called “productive deviation of the consumer”, that is, the loss of time and energy of the buyer due to the seller’s failure to resolve the issue.
Therefore, in addition to the return of the down payment and the paid installments, a compensation of 5,000 BRL was set for moral damages. The judge also determined that the parties arrange for the return of the vehicle, at the seller’s expense, under penalty of further judicial deliberation.
This information was disclosed by the portal Migalhas, also highlighting that the Tadim Neves Advocacy office acted in the buyer’s defense.
Impacts and Lesson for the Brazilian Consumer
This case draws attention to the importance of technical inspection before purchasing used vehicles and shows that the Justice System has recognized the seller’s responsibility in cases of hidden defects.
Even in cases of old cars or those with high mileage, serious engine problems or poorly executed repairs can constitute defective quality and generate the right to a refund of the amounts paid and compensation for moral damages.
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