There are many vehicles for sale in the second-hand market. Usually, every driver’s first car is a used car with a number of kilometres on the odometer. In the vast majority of cases, the purchase takes place between private individuals. There is no invoice, no workshop guarantee. There is nothing you can do if there are defects in the vehicle after the purchase. Or there is?
What are hidden defects?
According to the Spanish Civil Code, the seller is obliged to repair hidden defects in the property sold. In this article, we are talking about vehicles, but it also applies to other goods, such as houses and even animals.
However, the seller is not liable for all defects in the vehicle. They must be hidden defects. Moreover, these defects must cause a situation in which the good, the vehicle, cannot be used properly, in accordance with its intended use.
Here are some examples. If you buy a vehicle with a scratch on the paintwork, while you are going to use the vehicle for your daily transport, this is not a hidden defect.
If you buy a vehicle with a broken gearbox, but you were warned about it at the time of sale, this is not a hidden defect. If the gearbox breaks down within a week after buying the vehicle, due to wear and tear, and the seller could not have known the gearbox would breakdown, this is also not a hidden defect.
On the other hand, if you buy the vehicle with a broken gearbox, without the seller having warned you about this while knowing of its existence, it does qualify as a hidden defect.
Exceptions
In this case, there are some exceptions to the seller’s liability.
First, there is no hidden defect if the defect is visible. In other words, if you buy a vehicle without a right-hand rear-view mirror, that is not a hidden defect even if the seller did not tell you about it because it is something that can be easily seen by looking at the vehicle from the outside.
The other case where it is not possible to speak of hidden defects, even if it is a mechanical defect that cannot be seen at first glance by any buyer, is when the buyer is a specialist or, as the law says, an expert. In this case, the buyer has more knowledge than the average person and therefore will not be covered by this protection against hidden defects.
Deadline for reporting hidden defects
If you think there are hidden defects, you should notify the seller as soon as possible. This notification should be done in writing, via whatsapp, email or registered letter, so that the limitation period will be interrupted. The most formal and effective way for any follow-up procedure is a registered letter, also known as a burofax in Spain.
This notification must take place within the first six months after the sale of the vehicle. Once these six months have passed, the liability of the seller, a natural person, becomes barred by lapse of time and subsequent defects, hidden or not, cannot be recovered from the seller.
Outcome of the claim
Depending on the defect in question, the buyer can choose between a proportional reduction of the price paid with the hidden defect, or dissolution of the contract and refund of the costs paid at the time of sale.
If the hidden defect makes the vehicle unusable for its intended purpose, it makes sense to cancel the contract. However, if it is a defect that you are willing to repair and/or does not restrict its use to such an extent that it cannot be used for its intended purpose, you can also choose to reduce the price. Only in the case of withdrawal should all the charges paid for the purchase be refunded.
Finally, if the seller knew about the hidden defect and did not inform the buyer about it, he must pay compensation if you decide to cancel the contract.
If you have a vehicle with hidden defects and want to recover them from the seller, do not hesitate to contact us.
Selena Escandell Beutick