Buy / Sell Business, Latvia, Legal Counsel, Legislation, Transport

Answer: You have the right of choice in this case. According to Section 1620 of the Civil law of Latvia, the alienor who has failed to disclose or concealed, in bad faith, certain defects of the property he or she was aware of, or has expressly declared that it has certain characteristics, shall compensate the acquirer for all losses. In all other cases the acquirer shall only have the right to request pursuant to his or her own choice either the setting aside of the contract, or a reduction in the price of the property.

Under all circumstances it necessary to prove the defect existed prior to agreement for the sale had been reached. If you wish to keep the vehicle and recover the repair costs from the seller, you will have to additionally prove either fraudulent intent of the seller or that he has concealed the said defect or that he has expressly declared the car is in good order. For that purpose an expert’s opinion would be necessary to determine the defect’s nature and whether the said defect could remain unknown to the owner of the car. Subject to positive opinion of the expert you may proceed with filing a claim against seller in court. You should also consider securing a claim, thus making the recovery of funds from the defendant easier.

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