An Andalusian used vehicle seller will speak at the Valladolid court this Tuesday, October 29accused of defrauding a customer during the sale of a Mercedes passenger car which he valued at nearly 7,500 euros but who allegedly hid the fact that the car had numerous defects which required nearly 12,000 euros to repair.
The accused, Sergio del RM, must answer for one offense of fraud and another of attempted procedural fraud in media competition with an offense of falsification of a private document for which the public prosecutor requires a total of three years in prison, at the rate of fifteen months of deprivation of liberty for the first and an additional nine months for the second, accompanied by a fine of 1,200 euros, according to sources informed to Europa Press. legal.
The Prosecutor’s request includes the nullity of the purchase and sale contract and restitution to the injured party of the money paid, 7,400 euros, and delivery of the vehicle to the dealership located in Utrera (Seville). If said nullity is not considered, the public prosecutor asks the seller, with subsidiary civil liability of the company, to pay to the victim the 11,795 euros at which the repair of the Mercedes was assessed.
It is also proposed that both parties, the accused and the company, compensate the buyer of the car in the amount of 20,604 euros, corresponding to the establishment of the repair estimate, the tow truck used and the damages arising from the impossibility of using the vehicle. , amount to which was added – it would be determined in execution of the sentence – that relating to the costs linked to the rental of a replacement utility vehicle.
I had trouble getting started
It was in November 2021 that the dealership, based in Utrera, offered through the website www.coches.nete the sale of a Mercedes ML280, with 291,759 kilometers, for a price of 7,499 euros in cash and with a guarantee of one year.
He was interested in him the victim, a resident of Valladolidwho agreed with the accused on a price of 7,200 euros and made, as security, a transfer of 500 euros, after which he went to the Andalusian city for sightseeing, after which he was informed that the same It did not have 291,759 kilometers, as stated in the ad, but 319,000 and to get it I had to pay an additional 200 euros to seal the warranty.
But here too, the buyer discovered that the Mercedes had several breakdowns and starting difficulties and, even more serious, gearbox problems, just as they suffered on the return to Valladolid since they could only drive in first gear.
Although due to this situation the buyer tried to cancel the sale, the defendant categorically refused and sent a mechanic, who managed to start the car.
The trip to Valladolid was not free from other breakdowns, so the plaintiff finally decided to transport it by crane to the Mercedes Benz “Adarsa” workshops, where The technicians of the said company have verified numerous breakdownsthat the accused would have known and did not reveal, and the repair of which required work budgeted at nearly 12,000 euros, almost double the value of tourism, which the person concerned did not manage to achieve .
But in addition, the Valladolid public prosecutor’s office today accuses the accused, in order to avoid responsibility and to mislead the investigator in charge of the case, of having made a series of modifications to the purchase contract and of sale of June 2022 compared to the original signed at the time. . Among them, he added handwritten, ITV expired, battery in poor condition and modified the sale price, indicating the amount of 5,600 euros.
