Clipping of news on Brazilian Culture, Law and Citizenship
25/1/2010
This article was translated by an automatic translation system, and was therefore not reviewed by people.
Panel loose, rusty exhaust, air-conditioning on and not broken handle problems are not always found in used cars. Many of these quality defects can be identified on new cars and, according to Procon-SP, consumers need to be aware at the time of removing the zero-utility vehicle.
The Code of Consumer Protection classifies such quality problems as "vices" and down to the dealership or the car manufacturer to solve the problem. In extreme cases, the client has the right to demand the money back and to exchange the car.
The assistant director of Procon-SP, Valéria Cunha, explains that one of the most important measures to protect this type of problem is to check any car thoroughly before leaving the store. According to her, so there is little margin in most cases, the licensee argued that the problem happened because the incorrect use of the car.
"Take a good and lend, if you experience a problem, list what is inappropriate to ask for review without taking the car shop," she recommends. Getting a copy of the order of service licensee, which contains a list of possible defects can be very useful, because the paper can serve as proof of claim.
If the defect quality is noticed after the withdrawal, the list should be made and the car should be delivered to the dealership for inspection and repair of the problem. According to the Code of Consumer Protection, when a vehicle has problems of quality the consumer has 90 days to complain or file a lawsuit against the supplier (utility or assembler).
"The code says that everyone should be supportive, it means that all supply chain, is a manufacturer, dealer and parts supplier, offers for the product. Remains the consumer to choose with whom he will fight," says a lawyer who specializes in law consumer of the Brazilian Academy of Education, Culture and Employability (Abece), Bernardo Brandao.
Once the complaint is made, the licensee has 30 days to resolve the problem. If it does not meet the deadline, or deliver the product without having repaired the fault, the client has the right to choose, ask the money back, fell in price the problem posed by the product and change the car. "He can change with a new product of the same species or other cheaper with the return of difference and even other more expensive, since you pay the difference," says Bernardo Brandao.
Exchange Car
The consumer may request replacement of the product also act to identify the defect, according to Brandão. However, according to Procon-SP, the concessionaire has the right to refuse to exchange protected by the rule of the Code which specifies the period of 30 days so that the problem is resolved.
If the term win and the consumer choose the exchange, Valéria Cunha notes that consumers may face bureaucratic problems if the vehicle is financed and registered under. Among them is the transfer of the vehicle to the dealership.
"The car is billed in the name of the owner. Thus, the documentation of the car and funding are made based on data that specific unit, identified by the chassis, "said. When the car is financed, the process to change the data of purchase will depend on each bank.
Recall undated
The Code establishes two types of problems that can occur with the vehicle defects and fact. Addictions are quality problems at the more punctual. Now the fact is a manufacturing defect, which can generate a recall - even if the volume of complaints end up being great.
According to the Code of Consumer Protection, owners who have been in an accident caused by the defect pointed out by the recall may request, by judicial means, compensation for emotional distress and injury, has suffered.
"If there was damage, the consumer should look for the concessionaire to make the repair. It is very important that the client knows that there are limits to browse the store when there is a recall, "says the assistant director of Procon-SP.
Source: G1
Consumers should check the car before removing it from the store.
This article was translated by an automatic translation system, and was therefore not reviewed by people.