Post by account_disabled on Jan 30, 2024 10:49:35 GMT
The sale of vehicles may constitute a consumer relationship or a civil contract. The first occurs when the dealership sells the vehicle to the first owner. The second involves the sale of the asset by the original owner of the vehicle to another person. This was the unanimous understanding of the 3rd Panel of the Superior Court of Justice, in removing the liability of a dealership for tampering with the odometer of a vehicle sold by it. 123RF During the inspection, the car owner discovered that the odometer had been tampered with. 123RF The change was noticed only after the car had already been resold to a third person, through another agency.
For the board, there is no legal relationship Buy Phone Number List between the company that appeared as seller in the first deal and the second buyer. According to the author, the odometer showed 22 thousand kilometers when the vehicle was purchased, but upon inspection, with almost 27 thousand kilometers marked, he discovered that the actual mileage exceeded 50 thousand. In the first instance, the private seller, the agency that intermediated the sale and the dealership that first sold the vehicle were jointly ordered to pay R$29,000 for material damages and R$10,000 for moral damages. The sentence was upheld by the Pernambuco Court of Justice.
When reforming the understanding, the rapporteur of the case at the STJ, minister Villas Bôas Cueva, explained that the case involves two distinct businesses. In the first case, the vehicle was purchased at the dealership. In the second, the resale of the same car through another agency. Based on the Consumer Protection Code, the minister explained that operations involving vehicles have a variable nature, sometimes characterizing a consumer relationship – such as the sale of the vehicle to the first owner by the dealership –, sometimes having the nature of a civil purchase and sale contract – the example of sale by the first owner to the consumer who discovered the odometer tampering.
For the board, there is no legal relationship Buy Phone Number List between the company that appeared as seller in the first deal and the second buyer. According to the author, the odometer showed 22 thousand kilometers when the vehicle was purchased, but upon inspection, with almost 27 thousand kilometers marked, he discovered that the actual mileage exceeded 50 thousand. In the first instance, the private seller, the agency that intermediated the sale and the dealership that first sold the vehicle were jointly ordered to pay R$29,000 for material damages and R$10,000 for moral damages. The sentence was upheld by the Pernambuco Court of Justice.
When reforming the understanding, the rapporteur of the case at the STJ, minister Villas Bôas Cueva, explained that the case involves two distinct businesses. In the first case, the vehicle was purchased at the dealership. In the second, the resale of the same car through another agency. Based on the Consumer Protection Code, the minister explained that operations involving vehicles have a variable nature, sometimes characterizing a consumer relationship – such as the sale of the vehicle to the first owner by the dealership –, sometimes having the nature of a civil purchase and sale contract – the example of sale by the first owner to the consumer who discovered the odometer tampering.