Complaints Regarding Used Vehicles

Quick Overview

• The seller is liable for defects existing at the time of delivery, even if they become apparent later; normal wear and tear on a used car does not constitute a defect.
• In a consumer purchase from a business, the defect must become apparent within two years; for used cars, this period may be reduced to one year by agreement.
• When purchasing from a private seller, report any hidden defect without undue delay after discovery, no later than two years from the date of delivery.
• A voluntary warranty may also arise through a warranty claim and supplements your statutory rights.

If the seller refuses to accept liability, we will help you file a claim for the defective car and choose the appropriate course of action.

Defective Car After Purchase and Filing a Claim with the Seller

Buying a used car carries the risk of technical defects and unclear ownership history. Following the first section on car transfers, which addressed stolen vehicles, we now explain liability for defects under the Civil Code.

A hidden defect could be, for example, engine damage whose cause existed at the time of delivery but did not manifest until later. However, the defect itself does not automatically prove the seller’s liability: it also depends on the car’s age, mileage, and the agreed-upon condition of the vehicle.

Purchasing from a used-car dealership or another business: If you are purchasing as a consumer, the two-year period for reporting a defect applies, or, in the case of a used car, an agreed-upon reduction to one year. If a defect becomes apparent within the first year, it is presumed to have existed at the time of delivery, unless the nature of the item or defect precludes this. The business must rebut this presumption. A defect discovered in a timely manner can still be reported later, but do not delay in filing a complaint.

Purchase from a Private Seller: Report a hidden defect without undue delay after you could have discovered it with due care, no later than two years from the date of delivery. If you report the defect late, the seller may argue that the deadline has been missed. As a general rule, you must prove that the cause of the defect already existed at the time of delivery.

What to Do If Your Car Has a Hidden Defect

1. Take photos of the defect, note the date and the odometer reading. Keep the contract, the ad, and all correspondence.
2. Describe the defect and the desired remedy to the seller in writing. Allow the seller to inspect the car.
3. If necessary, obtain a professional opinion or expert assessment. Before undertaking extensive repairs, give the seller a chance to respond.

Example: A buyer has a faulty engine replaced immediately and the original parts disposed of. This can make it more difficult to prove the cause of the defect; it is safer to first document the condition and contact the seller.

A complaint should resolve the entire defect—for example, repairing a defective mirror, including the necessary labor—rather than merely providing a replacement part. In consumer purchases, the law gives priority to remedying the defect through repair or delivery of a new item. This choice is limited by impossibility or unreasonable costs; for a specific used car, replacing the entire vehicle is often problematic.

A price reduction or withdrawal from the contract may be requested, for example, if the seller refuses or fails to provide a proper remedy, if the defect recurs, or in the event of a material breach of contract. The consumer cannot withdraw from the contract due to a minor defect. In private sales, claims are governed primarily by the severity of the breach of contract.

Under the Consumer Protection Act, a business must resolve the complaint—including rectifying the defect—and notify you within 30 days, unless you agree to a longer period. If this period expires without resolution, you may request a price reduction or withdraw from the contract. However, you must provide the necessary cooperation. This deadline does not apply to private individuals.

A warranty may also arise from an advertisement

Statutory liability for defects does not automatically constitute a two-year warranty covering any malfunction. In addition to this, the seller or manufacturer may voluntarily provide a quality warranty.

It does not have to be specified directly in the sales contract; it may also arise from a statement in a manual, a used-car dealership flyer, or a radio advertisement. A promise of a seven-year warranty may be binding to the extent advertised and under the applicable conditions. Therefore, save a screenshot of the advertisement or a recording of it.

Who Pays the Related Costs

Remedying the issue does not mean that, in addition to the defective car, you will also bear all the expenses related to the claim. In the case of a valid claim, you can request reimbursement for reasonably incurred costs, such as necessary towing or an expert appraisal. Compensation for additional damages is subject to its own conditions; there is no automatic entitlement to a replacement car or reimbursement for all time spent.

Legal assistance is particularly worthwhile in cases of expensive repairs or unethical conduct. A preventive measure is a purchase agreement prepared or reviewed by an attorney: a free generic template may not adequately describe the car’s condition, known defects, or agreed-upon features.

Summary

Claims regarding a used vehicle depend on the origin of the defect and the seller’s status. For consumer purchases, observe the two-year period—or the agreed-upon one-year period—for reporting defects; notify a private seller of a hidden defect without undue delay, no later than two years after the sale. Keep all evidence and warranty promises. Depending on the circumstances, remedies may include repair, replacement, a discount, a refund, or reimbursement of reasonable expenses. A well-drafted contract will help prevent disputes.