Best Auto Dealer Fraud Lawyers in Modave

About Auto Dealer Fraud Law in Modave, Belgium

Auto dealer fraud describes deceptive or unlawful practices by vehicle sellers that mislead buyers or deprive them of the protections the law guarantees. In Modave, as anywhere in Belgium, this can include rolling back odometers, hiding serious mechanical or structural defects, misrepresenting accident or flood history, refusing to honor the statutory warranty, using unfair contract terms, adding undisclosed fees, or promising repairs or features that are not delivered.

Belgium has strong consumer protection rules that apply to car sales, reinforced by specific obligations for used vehicle transactions such as the Car-Pass mileage certificate and the mandatory technical inspection documents. Buyers who act quickly, document issues carefully, and use the remedies provided by law often achieve meaningful outcomes, including free repair, replacement, price reduction, or even cancellation of the sale in serious cases.

Why You May Need a Lawyer

You may need legal help when a dealer refuses to honor the legal guarantee, disputes the existence of a defect, or denies having misled you about the car’s condition or history. A lawyer is also helpful when the transaction involves complicated facts such as cross-border purchases, financing or leasing agreements, trade-in valuations, or potential criminal conduct like odometer tampering.

Legal counsel can assess whether your case falls under the legal guarantee of conformity, hidden defects rules, or unfair commercial practices, and can advise on the right remedy sequence. A lawyer can draft a formal notice letter, coordinate an independent expert inspection, preserve evidence, negotiate a settlement, file a complaint with the Ombudsman for the automotive sector, or bring a case before the competent court in the Huy judicial district that covers Modave. If needed, counsel can also guide you on filing a criminal complaint and liaising with the Economic Inspectorate.

Local Laws Overview

Consumer protection framework - The Belgian Code of Economic Law, Book VI, implements EU consumer laws and prohibits misleading and aggressive practices. Dealers must present accurate information about a vehicle’s essential characteristics, price, mileage, accident history if known, and any limitations on use.

Legal guarantee of conformity - When a consumer buys from a professional dealer, the vehicle must conform to the contract and reasonable expectations. The legal guarantee period is at least two years from delivery. For second-hand vehicles, the parties can agree to reduce the legal guarantee to one year, but never below that, and never excluding your statutory rights. You should notify the seller of a discovered defect within a reasonable time. Belgian law follows the EU model that requires the consumer to inform the seller within two months after discovering a non-conformity.

Remedies under the legal guarantee - If the car is non-conforming, the initial remedies are free repair or replacement within a reasonable time and without significant inconvenience. If repair or replacement is impossible or disproportionate, or the seller fails to do so within a reasonable time, you may seek a price reduction or termination of the contract with a refund, taking account of use and depreciation.

Commercial warranties - Any dealer or manufacturer warranty that is offered is in addition to, not instead of, the legal guarantee. The terms must be clear and cannot reduce your statutory protections.

Hidden defects in non-consumer sales - If you buy from a private individual rather than a professional dealer, the consumer legal guarantee usually does not apply. In that case, you may rely on the Civil Code regime for hidden defects. You must prove a serious hidden defect that existed at the time of sale and made the car unfit or significantly less useful. You must act promptly after discovery.

Car-Pass and odometer fraud - Belgium requires a Car-Pass document for the sale of used vehicles. It records the mileage history sourced from garages and inspection stations. The seller must provide a recent Car-Pass to the buyer. Odometer tampering and falsifying or failing to provide a Car-Pass can lead to civil liability and criminal sanctions.

Technical inspection for sale - For used cars sold to private buyers, the seller must have the vehicle pass a sale-specific roadworthiness inspection and provide the official inspection report and necessary registration form. Selling a vehicle as non-roadworthy or for parts requires explicit disclosure on the inspection report.

Right of withdrawal - The 14-day cooling-off right generally applies only to distance sales or off-premises sales. There is usually no statutory right to change your mind after buying a car at a dealership in person unless the contract provides one.

Unfair terms and pricing - Contract clauses that remove your legal rights, restrict the legal guarantee, or impose disproportionate penalties may be void. Fees and extras must be transparent and agreed.

Dispute resolution and enforcement - Consumers can file complaints with the Federal Public Service Economy or use recognized alternative dispute resolution with the automotive ombudsman. For court action, the Justice of the Peace typically hears lower value civil disputes, and higher value or complex cases can go to the enterprise or civil courts. Limitation rules apply, so act quickly and seek advice on deadlines relevant to conformity claims and hidden defects.

Frequently Asked Questions

What counts as auto dealer fraud in Belgium?

Fraud includes misleading statements or omissions about mileage, accident or flood damage, prior commercial use such as taxi or rental when relevant, warranty coverage, price and fees, or the vehicle’s roadworthiness. It also includes odometer tampering, forged documents, and refusing to honor the legal guarantee without lawful reason.

How long is the legal warranty on a used car bought from a dealer?

The legal guarantee of conformity for consumer purchases is at least two years. For second-hand cars, the dealer and buyer can agree to reduce this to one year, but never less. Any additional commercial warranty is optional and cannot reduce your statutory rights.

Do I have a 14-day right to return a car I bought at the dealership?

Usually not. The cooling-off period generally applies only to distance or off-premises contracts. For in-person purchases at the dealership, you only have the legal guarantee rights and any contractual return policy the dealer may offer.

What is a Car-Pass and why does it matter?

Car-Pass is a mandatory document for used vehicle sales that lists recorded mileages over time. It helps detect odometer fraud. The seller must provide a recent Car-Pass at the time of sale. Discrepancies between Car-Pass and the odometer are a red flag and should be addressed before completing the sale.

The car broke down soon after purchase. What should I do?

Stop using the car if continued use could worsen the defect, document the issue with photos and invoices, and notify the dealer in writing as soon as possible. Ask for repair or replacement under the legal guarantee. Consider an independent expert report if the seller disputes the defect. Keep all communications and receipts.

What if the dealer refuses to repair or says the defect is normal wear and tear?

Request the refusal in writing along with the technical reasons. If you are within the guarantee period, consider getting an independent expert opinion. You can escalate to the automotive ombudsman for mediation, complain to the Economic Inspectorate, or consult a lawyer to pursue court remedies such as price reduction or rescission.

I bought from a private individual. Do I have any protection?

Yes. The legal guarantee usually does not apply to private sellers, but the Civil Code hidden defects rules may. If a serious hidden defect existed at the time of sale and was not apparent, you can seek cancellation or a reduction of the price. Act quickly after discovery and gather evidence such as expert reports.

Can I stop paying my car loan or insurance if there is a dispute?

Do not stop payments without legal advice. Your finance contract is separate from the sales contract. Stopping payments can trigger default or repossession. A lawyer can advise on notifying the lender, potential suspension options, or coordinated remedies if the vehicle is unusable due to non-conformity.

What documents should I receive when buying a used car in Belgium?

You should receive the purchase invoice, Car-Pass, recent roadworthiness inspection report for sale, registration application form, certificate of conformity if available, service records, and written warranty terms. Review them before paying and keep copies safely.

How long do I have to act if I discover a problem?

Under the legal guarantee, notify the dealer within a reasonable time after discovering the defect, with two months widely used as a benchmark under EU rules. The overall guarantee period is at least two years from delivery, or one year if lawfully reduced for second-hand goods. For hidden defects and other claims, act promptly and seek legal advice on the specific limitation period that applies to your case.

Additional Resources

Federal Public Service Economy - consumer protection, unfair practices, and the Economic Inspectorate for complaints.

Car-Pass ASBL - the national mileage registry and information on odometer fraud.

Automotive Ombudsman Service in Belgium - recognized alternative dispute resolution body for car sales and repairs.

European Consumer Centre Belgium - support for cross-border EU vehicle purchases and disputes.

Official Vehicle Technical Inspection Stations in Wallonia - roadworthiness inspections and sale-specific inspection reports.

Local Justice of the Peace for the Huy district - small civil claims and consumer disputes relevant to Modave residents.

Service public de Wallonie Mobilité et Infrastructures - information on vehicle registration and inspection in Wallonia.

Police and local Prosecutor’s Office - for criminal complaints in cases of suspected fraud or odometer tampering.

Next Steps

Gather your documents. Collect the invoice, Car-Pass, inspection report, warranty terms, advertisements or messages, photos or videos, and any repair invoices. Keep a written timeline of events.

Notify the dealer in writing. Send a clear letter or email describing the defect, when it appeared, and the remedy you seek under the legal guarantee. For serious cases, use a registered letter and give a reasonable deadline for response.

Obtain an independent assessment. A report from a certified mechanic or automotive expert can be decisive, especially for hidden defects or disputed causes of failure.

Consider mediation. Submit a complaint to the automotive ombudsman for a faster, low-cost resolution. This can often resolve disputes without court proceedings.

Escalate to authorities if needed. For suspected odometer fraud or unfair practices, file a complaint with the Economic Inspectorate. Preserve all evidence.

Seek legal advice early. A local lawyer who handles auto dealer disputes in the Liège province can evaluate your rights, protect deadlines, draft a formal notice, negotiate with the dealer and insurer, and represent you before the competent court.

Check your insurance. Legal expenses insurance and roadside or mechanical breakdown policies may cover expert reports, legal fees, or repairs.

Act quickly. Time limits and evidentiary presumptions can strongly affect outcomes. Early action improves your chances of repair, refund, or compensation.