My car was defective in less than 30 days. Am I entitled to a new one?
11 de December de 2024, às 22:26
Alcemir Junior
When the dealership fails to remedy the defect, the consumer will have the right to receive the amount paid back, exchange the vehicle for a new one or a price reduction that is sufficient to compensate for the loss.
In the case at hand, the STJ understood that the hidden defect in the motorcycle was not fully resolved within 30 days, and when this happens, the consumer has the right to be compensated, in addition to the FIPE table, since the so-called redhibitory defect occurred, that is, the hidden one, which must be compensated as provided for in art. 18 of the CDC.
According to this article, the consumer can choose to exchange it for another one with the same characteristics and in perfect condition (new), a proportional reduction in the price, or a refund, including the full amount, if it has already been paid.
In the case at hand, the STJ understood that the hidden defect in the motorcycle was not fully resolved within 30 days, and when this happens, the consumer has the right to be compensated, in addition to the FIPE table, since the so-called redhibitory defect occurred, that is, the hidden one, which must be compensated as provided for in art. 18 of the CDC.
According to this article, the consumer can choose to exchange it for another one with the same characteristics and in perfect condition (new), a proportional reduction in the price, or a refund, including the full amount, if it has already been paid.
