After buying the car from a second hand dealer, a hidden defect was discovered. Can I return the car?

Mgr. Nikola Šedová
19. June 2025
2 minutes of reading
2 minutes of reading
Legal news

You bought a used car and after a few days or weeks you find out that it has a serious defect that the seller didn’t tell you about? The legislation also takes these situations into account. As a buyer, you have the right to demand repairs, a discount on the purchase price and sometimes even to withdraw from the contract and return the car.

Quick overview:

  • If you find a hidden defect after buying a used car, you have the right to claim it.
  • Depending on the severity of the defect, you can claim a repair or discount for minor defects, or even a refund for major defects.
  • The key is whether the defect existed when you bought it and whether you bought it from a business or a private individual.

If the defect existed when you bought the car, even if it was not obvious at first sight (a ‘hidden defect’), the seller is liable for it. Whether you are entitled to a refund depends on the severity of the defect and whether it can be repaired. For serious defects that significantly reduce the car’s value for money, or that you would not have bought the car in the first place, you can cancel the contract. Minor defects usually entitle you to claim a repair or discount.

It is also important whether you bought from a business (car dealer) or a private individual. When buying from a business, the consumer is also subject to special protection under the Civil Code and the seller is liable for defects that become apparent within 24 months of receipt. In the event of a dispute, it is worth having a professional opinion to prove the defect. The sooner you claim the defect, the better.

Don’t know if your defect is “serious enough”? We will assess this and suggest the best course of action.

Frequently Asked Questions

How long do I have to claim for hidden defects in my car?

Without undue delay after its discovery, but no later than 24 months for consumer sales.

Do I need an expert opinion?

It is not compulsory, but it greatly increases the chances of success.

What if the car dealer rejects the claim?

You can contact a lawyer or take the dispute to court.

Is the warranty valid for a used car?

Yes, but it can be shortened – to a minimum of 12 months.

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