Any car seller in Samoa, as a professional, is obliged to inform the buyer. He must inform him spontaneously of the qualities and defects of his vehicle. He will write his announcement carefully and without concealment or willful reluctance (previous accident, etc.).

Sell ​​a car to a private individual: your ad must be fair

The delivered car must correspond in all points to the description of the advertisement. Thus, if the announcement evokes an accessory while the latter is not delivered, the buyer can claim it. Similarly, if the vehicle does not conform to the description of the advertisement:

The buyer may file a complaint against the seller for deception. If he establishes the existence of false maneuvers that have determined him to buy (for example, the concealment of an accident), he may also request the cancellation of the sale for defect of the consent or negotiate amicably one decrease in price.

The seller of the car is responsible for latent defects

If the vehicle breaks down after the sale, the buyer may claim against the seller, under the guarantee of hidden defects. To do this, the fault must have occurred because of a defect prior to the sale, whether due to a hidden defect and preventing the vehicle from functioning properly.

In the case of a second-hand vehicle bought on the site www.samoacars.com, the courts assess the importance of default on a case-by-case basis. It must exceed that which may result from normal wear and tear of the vehicle. In other words, the older the vehicle and / or the greater the mileage, the more serious the defects must be so that a guarantee of hidden defects can be invoked.

Technical inspection

Similarly, the judge will not retain the liability of the seller if the defect was mentioned on the technical control report.

The seller is exempt from the guarantee of hidden defects if it is stated in full on the contract of assignment that his vehicle is “sold as is and without warranty”. However, it will be excluded if the buyer proves that the seller knew the defects of the vehicle before the sale.