Law No. 13,111 / 15, which entered into force on 25 May 2015, is intended to ratify and express the duty of transparency of the seller in the sale of new and used vehicles, as already required in the Consumer protection (CDC). The consumer should be aware of all the pre-sale of the vehicle, as well as having the registration of such information in a contractual clause.

The concessionaires should inform the situation and regularity of the vehicle as to the existence of fines if the car has already been the object of theft or fiduciary alienation, as well as the existence of any records that limit or prevent circulation. Such information may be obtained by consultation with the police, transit and funding organs, according to the location of registration and marketing of the vehicle.

The duty of transparency, which is based on the edition of the new law, corroborates the already required of commercial establishments due to the edition of Law No. 12,741 / 12, which obliges the seller to inform the value corresponding to the totality of the taxes , whose incidence influences the formation of the respective sales prices of the product. After accurate all the values ​​that make up the final price of the product, all of this information should be set in a panel affixed in a visible place of the establishment (according to PROCON / RS, required in supervision to fulfill the new law).

In case of noncompliance of the law, the buyer may require the restitution of outstanding and existing values ​​until the acquisition of the good. If the vehicle has been theft, the consumer may have the value of the vehicle returned. The seller will also be subject to administrative penalties, provided for in Article 56 of the CDC, and can affect a fine, suspension of products or services, temporary suspension of activity, license cassation, interdiction. It should also be noted that those mentioned penalties may be applied without prejudice to the civil or criminal nature.

In addition to the consequences listed on the CDC, the supplier of the automobile (whether new or used), in incurring the omission of information on good, may be obliged to pay the pending discharge taxes when the purchase contract and sale. Exembly, if any pending ipva exists, which was not informed to the consumer, the seller may be compelled to shame the values ​​corresponding to open exercises until the date of sale of good.

The crucial point of the law in question is the seller's obligation to provide information to the consumer. That is, the mere existence of well-related pending does not make the seller's obligation to be born to be born or to regularize them. It is indispensable for the pending to have been informed to the consumer at the time of commercialization of the vehicle to emerge the seller's obligation. As a result, the formalization, in contract, is shown in the existence or not of any pending of the vehicle.

Himself, it is important to note that the organs of protection and defense of consumer rights (procons) are already promoting inspections to commercial establishments, notifying and authoring vehicle suppliers due to the provisions of the new law.