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About consumer’s rights when buying a second-hand vehicle in Spain

Perhaps it had a hidden flaw or defect? Will the dealership not honour the guarantee?

This article aims to give you some useful information about consumer’s rights when buying a second-hand vehicle in Spain.

The Spanish consumer protection law (Texto Refundido Ley de Consumidores y Usuarios) states that when you buy a used vehicle from a garage or a dealership the vendor should offer the buyer one year guarantee.

When buying a second-hand vehicle through a private purchase the Spanish consumer protection law no longer applies. Nevertheless according to the Spanish Civil Code (article 1484) states the guarantee period on private sales is six months and if any hidden faults or defects that the vehicle may have come to light after the purchase, the vendor is obligated to repair them even if he himself was not aware of the said defects. Or the buyer could also decide to terminate the purchase contract, and be reimbursed any money paid or he may decide to request a partial refund, equivalent to the hidden flaws in the vehicle.

The same is not true for any faults or defects that are in plain view. The vendor is not accountable for any faults that can be easily spotted by the buyer.

If the vendor chooses not to honour the above stated you may have to take him to court to get things settled in your favour. In order to do this, you will need to take legal advice from a lawyer and to prove that a vehicle was sold to you in bad faith (That the vendor knew about the defects but chose not to inform the buyer). You would require at the very least the written declaration of a qualified mechanic to prove the existing damage.

Make sure you use a qualified “gestor” to deal with your paperwork when buying or selling a car in Spain. Buying a car is safe in Spain but you need to deal with professionals that are specialist in this field.

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