Yes, but on condition that the action against the manufacturer is not expired. Indeed, the action for warranty of hidden defects must be brought by the buyer against his seller within a period of 2 years from the discovery of the defect and within a period of 5 years from the date of the sale. As a result, if you bought the vehicle from the manufacturer more than 5 years ago, you will no longer be able to bring court action against him. In other words, in this case, it is you who would assume sole responsibility for the manufacturing defect while you would have nothing to reproach yourself for, the manufacturer being, for his part, exempted because of the 5-year statute of limitation.
Copyright : Les Echos Publishing 2021