Best Auto Dealer Fraud Lawyers in Hasselt

About Auto Dealer Fraud Law in Hasselt, Belgium

Auto dealer fraud refers to unlawful or misleading practices by sellers of vehicles that cause a buyer to pay more than the car is worth or to accept a car that does not match what was promised. In Hasselt and throughout Belgium, this can involve mileage tampering, concealing accident or flood damage, misrepresenting service history or ownership, selling cars with hidden mechanical defects, or using unfair contract terms. Belgian consumer protection law offers strong remedies when a professional dealer sells to a consumer, including a legal guarantee of conformity and rules against unfair commercial practices. Buyers in Hasselt also benefit from unique Belgian safeguards such as the mandatory Car-Pass certificate, which records mileage history to deter odometer fraud.

Disputes can be resolved through repair or refund negotiations, mediation bodies, or court actions before the Justice of the Peace or other competent courts. Depending on the facts, criminal law can also apply, for example in cases of document forgery or odometer manipulation. Because the right strategy depends on timing, evidence, and the type of seller, early legal advice is often decisive.

Why You May Need a Lawyer

You may need a lawyer if a dealer refuses to honor the legal guarantee or a commercial warranty, if the car has serious undisclosed defects, or if you discover mileage irregularities that contradict the Car-Pass. A lawyer can assess whether you should pursue repair, price reduction, or full rescission, and can help you send a registered letter that preserves deadlines. If the dealer disputes the facts, your lawyer can organize an independent automotive expert examination in a contradictory manner so that findings stand up in court.

Legal help is also important when the seller is a private individual because the legal framework shifts from consumer protection to hidden defects rules in the Civil Code. If financing or leasing is involved, a lawyer can coordinate remedies so that cancelling the sale also unwinds the linked credit agreement. In cross-border purchases, counsel can navigate jurisdiction, applicable law, and enforcement. If fraud indicators suggest criminal offenses, your lawyer can advise on filing a criminal complaint alongside civil claims.

Local Laws Overview

Code of Economic Law Book VI on market practices and consumer protection applies to professional dealer to consumer sales. The key concept is conformity: the car must match the contract, advertising, and what a consumer can reasonably expect for that price and age. If a lack of conformity appears within the legal guarantee period, the consumer is entitled to remedies. By default the legal guarantee is 2 years. For second-hand cars, the parties may agree to a shorter period, but not less than 1 year. During the initial period after delivery, Belgian law presumes that a lack of conformity that appears already existed at delivery, which eases the consumer’s burden of proof. For used vehicles where a shorter legal guarantee is validly agreed, related presumptions can also be shorter. You should notify the seller of the defect promptly and preferably within 2 months after discovering it, ideally by registered letter.

Car-Pass legislation combats odometer fraud. On any sale of a used vehicle in Belgium, whether the seller is professional or private, the seller must supply a recent Car-Pass certificate showing the mileage history. Not providing a valid Car-Pass is a legal breach and can lead to penalties. Discrepancies in mileage can support civil remedies and may also indicate criminal tampering.

The Civil Code rules on hidden defects apply in all sales, and they are especially relevant in private to private sales. A hidden defect is a serious fault that existed at the time of sale, was not apparent on normal inspection, and makes the car unfit for its intended use or significantly reduces its usefulness. Remedies include rescission or price reduction, but strict timing and proof requirements apply, so swift expert assessment and legal advice are vital.

Belgian law bans misleading and aggressive commercial practices. False statements about accident history, warranty scope, or prior use can be unlawful regardless of whether the contract includes disclaimers. For distance or off-premises sales, consumers typically have a 14 day right of withdrawal, subject to legal conditions. Dispute resolution routes include mediation via recognized consumer bodies and court action. In Hasselt, smaller claims often go to the Justice of the Peace, and larger or more complex cases may go to the Court of First Instance Limburg or other competent courts, depending on the claim.

Frequently Asked Questions

What counts as auto dealer fraud in Belgium

Fraud includes mileage rollback, forging service records, hiding accident or structural damage, advertising options or conditions that the car does not have, and using unfair clauses to avoid the legal guarantee. It also includes financing or trade-in misrepresentations. Some acts are civil law breaches, while others can be criminal offenses.

What is the legal guarantee for used cars bought from a dealer

There is a statutory guarantee of conformity. The standard period is 2 years. For second-hand cars the dealer and consumer may agree to a shorter period, but never less than 1 year. During the initial period after delivery, a lack of conformity is presumed to have existed at delivery, which helps the consumer. Always check your contract to see if a shorter period was clearly agreed for a used car.

What is the Car-Pass and why does it matter

The Car-Pass is a mandatory certificate in Belgium that lists the vehicle’s recorded mileage over time. The seller must give it to the buyer at the sale, and it must be recent. If the Car-Pass is missing or the numbers do not make sense, you should not proceed, and you may have grounds for civil and administrative action. Mileage tampering can also lead to criminal consequences.

What are my remedies if the car is not as described

Under the legal guarantee, start by asking the dealer for repair or, where appropriate, replacement. If repair is impossible, not done within a reasonable time, or disproportionate, you can seek a price reduction or rescission with a refund and return of the vehicle. Keep all evidence and communicate in writing by registered letter.

Do consumer rules apply if I bought from a private seller

Consumer specific rules apply when you buy from a professional dealer. If you bought from a private individual, the Civil Code hidden defects warranty applies instead. You must prove a serious defect that existed at the time of sale and was not apparent. Timing is strict, so contact a lawyer quickly and consider an independent expert inspection.

How quickly must I notify the dealer about a defect

Notify the dealer as soon as you discover a problem and preferably within 2 months after discovery. Use a registered letter that describes the defect, includes copies of the Car-Pass and inspection documents, and asks for a clear remedy and deadline. Acting promptly protects your rights.

Do disclaimers like sold as is cancel my legal rights

No. A dealer cannot waive or reduce the legal guarantee in a consumer sale below the legal minimum. Contract terms that try to eliminate the legal guarantee or mislead you about your rights are not enforceable. A shorter period may be agreed for a used car, but not below 1 year.

Should I get an expert report and how is it done

An independent automotive expert report can be decisive. In Belgium it is best to arrange it in a contradictory manner. That means inviting the dealer to attend the inspection so that the findings can be used in court. Your lawyer can coordinate this and ensure the report addresses conformity and causation.

Can I cancel my car loan if the sale is cancelled

If the credit agreement is linked to the purchase, cancelling the sale often leads to cancellation of the linked credit. The precise outcome depends on the contracts and timing. Bring both the sales and finance agreements to your lawyer so they can coordinate remedies with the lender.

Where will my case be heard in Hasselt

Smaller consumer disputes commonly go to the Justice of the Peace with jurisdiction over your domicile or the place of delivery. Larger or more complex cases may go to the Court of First Instance Limburg or another competent court. A lawyer can select the proper forum and language of proceedings and evaluate the value of the claim.

Additional Resources

FPS Economy consumer protection and Economic Inspection for complaints about unfair commercial practices and legal guarantee issues.

Car-Pass vzw-asbl for information about mileage certificates and reporting suspected odometer fraud.

Consumer Mediation Service for alternative dispute resolution between consumers and traders.

Ombudsman Automotive in Belgium for motor trade mediation where the dealer participates in the scheme.

GOCA inspection centers for technical inspection information and sale related inspection documents.

Local police and the Public Prosecutor’s Office for criminal complaints involving suspected forgery or fraud.

Justice of the Peace in Hasselt and Court of First Instance Limburg for civil proceedings related to vehicle sales disputes.

Legal aid offices and your legal expenses insurer for information on fee coverage and access to a lawyer and expert.

Next Steps

Stop and collect evidence. Gather the order form, invoice, Car-Pass, technical inspection report, advertising, emails, text messages, and photos. If the car is unsafe, stop using it and note warning lights or fault codes.

Notify the dealer in writing. Send a registered letter describing the defects, attaching copies of key documents, and requesting a remedy with a reasonable deadline. State that you reserve all rights under the legal guarantee and the Civil Code.

Seek technical assessment. Ask a qualified independent automotive expert for a contradictory inspection and written report. Invite the dealer to attend. This can confirm the defect, its cause, and whether it existed at delivery.

Choose the right pathway. Consider mediation via recognized bodies for a fast resolution. If mediation fails or is unsuitable, your lawyer can file a claim before the competent court in or near Hasselt. In serious fraud, discuss filing a criminal complaint alongside your civil claim.

Mind the time limits. Act quickly. Notify the dealer without delay, respect the 2 month notification guideline after discovery, and consult a lawyer about guarantee periods and any procedural deadlines that apply to your situation.

Protect your budget. Check whether you have legal expenses insurance. Ask about fee estimates and expert costs. Legal aid may be available if you qualify.

Get local legal help. A lawyer familiar with Belgian consumer and automotive law and with the courts in Hasselt can tailor strategy, preserve evidence correctly, and maximize your chances of repair, refund, or compensation.