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Decision Guarantees Compensation of R$ 5 Thousand and Reinforces That Those Who Sell Used Vehicles Are Responsible for Serious Defects That Appear After Purchase.
An app driver will receive R$ 5 thousand after buying a used car that showed defects shortly after acquisition.
The problem caused the vehicle to be in a workshop for more than 40 days, taking the professional away from work and directly affecting his income.
The decision was made by the 2nd Chamber of Private Law of the Court of Justice of Mato Grosso, recognizing the responsibility of the dealer for the defect in the automobile.
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What Happened and Why It Drew Attention
The consumer bought a vehicle that appeared to be in good condition but began to present serious failures after use.
This type of situation is treated as latent defect, a term used when the defect does not appear at the time of purchase but compromises the functioning of the asset later.
In practice, the buyer only discovers the problem when he is already dependent on the vehicle, which increases the financial impact and frustration.
In this case, the failure was mechanical and required immediate referral to a workshop after acquisition.
What Is a Latent Defect and Why It Weighs on the Decision
Latent defect is the defect that is not easily perceived during a standard inspection before closing the deal.
Even with an appearance of normalcy, the problem arises later and limits or prevents the use of the vehicle.
When this defect is considered serious, it changes the purchase scenario, as the consumer could not assess the risk at the time of acquisition.
It was this logic that supported the understanding that the dealer needed to be held accountable for the damage caused.
Why the Dealer Was Held Responsible
The dealer was held responsible even though it was not the car manufacturer.
In consumer relationships, those who sell the product are also responsible for the quality of what they sell and for the defects that arise.
This holds true even when repairs are made by third parties, because the focus is on the result delivered to the consumer at the time of purchase.
With this understanding, the court maintained the obligation to compensate for losses related to the vehicle’s failure.
What Changes in Practice for App Drivers
For those who work with apps, the car is not just a consumer good; it is the main work tool.
When the vehicle is out of service for an extended period, the impact directly affects the ability to generate income and support the family.
In this case, the car was out of use for more than 40 days, a sufficient time to interrupt the driver’s professional activity.
The decision reinforces that this type of interruption can result in financial compensation when it stems from a significant defect after purchase.
How Lost Profits Come into Play for Compensation
In addition to moral damages, recognition of lost profits was granted, which are the amounts the person failed to earn by not being able to work.
The calculation should take into account the average income from the months prior to the problem.
There should also be a deduction of operational costs so that the amount reflects the net gain that was not obtained.
With this, the compensation does not limit itself to the inconvenience; it aims to cover part of the loss caused by the inability to work.
Why Moral Damages Were Recognized
Moral damages were recognized due to the troubles caused by buying a vehicle with defects and the insecurity caused by the failure.
Frustration also played a role, especially because the car was essential for family support.
The defined amount was R$ 5 thousand, considered proportional to the circumstances of the case.
The compensation seeks to offset the impact that goes beyond material loss and temporary loss of income.
The ruling determined compensation of R$ 5 thousand to the app driver and confirmed that the dealer can be held accountable for latent defect in a used vehicle.
When the car is the basis of work, being out of service for more than 40 days can mean real loss of income, in addition to the inconveniences that can also result in compensation.
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