Author: Filip Pauwels (Loyens & Loeff)
Publication date: 22/01/2019
Friday 18 January 2019, minister Kris Peeters announced that the rules on the content of order sheets, applicable to the sale of new and second hand cars to consumers, will become more stringent.
Nowadays, there already are a lot of rules to protect the consumers’ interests, e.g. mandatory pre-contractual information, a right of withdrawal (consumer credit, sale on distance or sale outside business premises), minimal warranty period (two years for new goods, one year for second hand goods), etc.
In order to help the consumer to make a well informed decision on the purchase of a new or second hand car, the car dealer has to mention: the warranty period, the delivery date, and the right of withdrawal (applicable on the sale on distance or sale outside business premises, e.g. ‘Brussels Motor Show’) on the order sheet instead of in the general conditions. Moreover, the car dealer will be prohibited to change the cars’ price mentioned on the order sheet, even if the delivery term exceeds four months. In addition, the order sheet only has to mention the final price (no separate information on VAT or other taxes).
Finally, a very extensive list containing detailed information on the condition of a second hand car has to be attached to the order sheet. The car dealer can also indicate which parts are in good condition, show traces of wear and tear or should be repaired. By doing so, the consumer should be better informed about the scope of the warranty.
These new rules are expected to enter into force by the last quarter of 2019.
Should you have any question about the new requirements for the order sheets, or require a legal check, do not hesitate to contact us.