Free first conversation
What you need and what we have.
Sell you a car on our own account and the full consumer guarantee applies, for at least a year on a used vehicle. Act as intermediary for a private seller and it does not apply at all. The invoice tells you which one you have. So do we, beforehand.
Which capacity applies to a given vehicle is stated before you commit, because it decides what you are owed.
Vehicles we own and sell to you directly, with the full guarantee.
See the programVehicles sold by someone else, where we act for them rather than own it.
See the programRegistration, roadworthiness and the mileage document that a sale requires.
See the programHistory and condition described from what is actually known.
See the programState before anyone commits whether we are selling on our own account or acting for somebody else, record that capacity on the invoice, name the gaps in a vehicle's history rather than leaving silences, and never reduce statutory rights.
What you need and what we have.
Seller, or intermediary for someone else.
What applies in that capacity, and for how long.
Or the handover date moves.
Priced per vehicle in euro. Registration and roadworthiness fees payable to the authorities are separate and are not ours.
We own it, we sell it, we carry the guarantee.
We act for the seller, and we say so first.
Said up front, because it changes what you are owed.
Every engagement is quoted after a free consultation. No subscription.
VERCAUTEREN PATRICK BV was created on 26 January 1998 and is registered with the Crossroads Bank for Enterprises under number 0462.610.717, at 27 F Langendam in Evergem, East Flanders, with an establishment trading as Motomatch. The registered activities are the retail sale of cars and light vehicles and the activities of a commercial intermediary.
Those two activities look the same from where a buyer stands and they produce completely different rights. When we sell a vehicle on our own account to a consumer, we are the seller and the legal guarantee of conformity applies. For a used vehicle it may be shortened by agreement but never below one year, and a defect appearing within the period the law fixes is presumed to have existed at delivery, which means proving otherwise is the seller's burden rather than the buyer's. When we act as an intermediary, the contract is formed between the buyer and the person we act for. If that person is a business, the guarantee runs against them. If that person is a private individual, the consumer guarantee does not apply at all and the transaction is a private sale governed by the ordinary rules on hidden defects, which protect a buyer far less. So buying at premises occupied by a professional is not the same as buying from a professional, and nothing about the place tells you which it is. The capacity gets stated before you commit and recorded on the invoice. Twenty-eight years in this trade is mostly an education in which questions a buyer does not know to ask.
It depends on who is selling it, which is exactly why we tell you first. If the vehicle is ours and you are a consumer, the legal guarantee of conformity applies; on a used vehicle it can be shortened by agreement but never below one year. If we are acting as intermediary for someone else, the guarantee runs against that person, and if they are a private individual rather than a business, the consumer guarantee does not apply at all.
Because the guarantee follows the seller, not the location. The contract of sale in an intermediary transaction is concluded between you and the person we act for, so being on professional premises, dealing with professional staff and receiving a professional-looking invoice does not by itself give you consumer protection. It is the single most misunderstood thing in the used vehicle trade and the reason the capacity is written on the invoice.
If we sold the vehicle on our own account to you as a consumer, a lack of conformity appearing within the period the law fixes is presumed to have existed at delivery, which means it is for us to prove otherwise rather than for you to prove it was already there. Tell us. If the sale was a private sale through our intermediary activity, the position is governed by the rules on hidden defects, which is a materially harder route, and you would have been told that before buying.
No. For second-hand goods the duration can be reduced by agreement, but not below one year, and nothing we write in any document reduces or excludes your statutory rights. Anyone offering a used vehicle to a consumer with a three or six month guarantee is offering something below the legal minimum, and the law rather than the paperwork decides what you actually have.
It is handed over on any second-hand sale to a private individual, because a sale concluded without it is void. That is a severe sanction by the standards of consumer law and it exists to make the mileage history behind it meaningful. Where a roadworthiness certificate is required for the sale, that comes with the vehicle too, and if a document is not ready we move the handover date rather than promise to send it on.
Yes, including when the honest answer is that we do not know. What we tell you comes from the documents we hold and what we actually know, and where there is a period we have no information about, that gets said rather than passed over. A silence where an awkward fact might sit reads as a reassurance to any buyer, which is precisely why it should not be left there.
A free first conversation, with no obligation.