A seller of Andalusian used vehicles will take the stand at the Valladolid Court this Tuesday, October 29accused of defrauding a client in the sale of a Mercedes passenger car which he valued at almost 7,500 euros but which, allegedly, hid the fact that the car had numerous defects that required almost 12,000 euros to repair.
The accused, Sergio del RM, must respond to one crime of fraud and another of attempted procedural fraud in media competition with a crime of falsification of a private document for which the public prosecution requests a total of three years in prison, at a rate of fifteen months of deprivation of liberty for the first and another nine months for the second along with a fine of 1,200 euros, according to what sources informed Europa Press. legal.
The Prosecutor’s request includes the nullity of the purchase and sale contract and the return to the injured party of the money paid, 7,400 euros, and the delivery of the vehicle to the dealership located in Utrera (Seville). If said nullity is not considered, the public prosecution requests that the seller, with subsidiary civil liability of the company, pay the victim the 11,795 euros at which the repair of the Mercedes has been valued.
It is also proposed that both parties, the accused and the company, compensate the buyer of the car with 20,604 euros, corresponding to the preparation of the repair estimate, the tow truck used and the damages derived from not having been able to use the vehicle, an amount to which added–it would be determined in execution of the sentence–that relating to the cost of having to rent a replacement utility vehicle.
Had difficulty starting
It was in November 2021 when 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 one-year warranty .
He became interested in him the victim, a resident of Valladolidwho agreed with the accused on a price of 7,200 euros and, as a deposit, made a transfer of 500 euros, after which he went to the Andalusian town for tourism, at which time he was then informed that the same It did not have 291,759 kilometers, as stated in the advertisement, but 319,000 and to get it I had to pay another 200 euros to seal the warranty.
But also right there, the buyer discovered that the Mercedes had several breakdowns and difficulties starting and, even more serious, problems with the gearbox, just as they suffered on the return trip to Valladolid since they could only drive in first gear.
Although as a result of this situation the buyer tried to rescind the sale, the defendant flatly refused and sent a mechanic, who managed to get the car started.
The trip to Valladolid was not free of other breakdowns, so the complainant finally decided to transport it by crane to the Mercedes Benz ‘Adarsa’ workshops, where Technicians from said company verified numerous failureswhich the accused supposedly knew about and did not reveal, the repair of which required work budgeted at almost 12,000 euros, almost double the value of the tourism, which the affected person has not managed to carry out.
But in addition, the Valladolid Prosecutor’s Office accuses the defendant today, in order to evade his responsibility and mislead the investigator of the case, of having made a series of modifications to the purchase and sale contract in June 2022 to the original signed at the time. Among them, he added in handwriting, expired ITV, battery in poor condition and modified the sale price, stating the amount of 5,600 euros.
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