There is always a fear when buying a second-hand car, which is that it may have a fault or breakdown that cannot be seen with the naked eye. But there is a legal figure that protects the buyer in these cases, hidden defects in cars.
What are hidden vices in cars (and what they are not)
Hidden defects are damages that are detected after the sale. It deals with serious defects that prevent the vehicle from being used in a normal way that, had it been known, the transaction would not have been carried out or the final price would have changed.
There are several requirements (contemplated in Chapter IV, Third Section of the Civil Code):
- It cannot be detected (or at least not easily) when the transaction takes place (hence hidden). If you are an expert and, due to your trade or profession, you could know them, they would not be considered hidden vices.
- The damage must entail a considerable change in price (a minor damage is not worth it).
- The ruling should have occurred before the sale and, if it had been known, it would not have been carried out in the terms that it was made.
These aspects are key, since a defect, a fault… or a hidden defect are not the same. It is important to know the difference between the terms, since when claiming it is important:
- hidden vice: It is claimed through the Civil Code, on unreported problems.
- Failure or defect: In this case, the claim is made through the consumer and user regulations, the term used is breakdown, defect or lack of conformity.
Types of hidden vices in a car
The law already typifies some of the hidden defects in the car. By the way, it should be updated since some details typical of electrified propulsion systems are not mentioned:
- Those that affect the car gearboxthat cause the vehicle to stay in neutral while driving, among others.
- Those that affect the infotainment screen (if you have it)
- Vices that affect the engine or cylinder head. In this case, remember that most vehicles, except very old ones, have an engine failure warning light on the dashboard. If it stays on after starting, a sensor may have monitored a fault. This includes the timing belt (check to see if it has a hard time starting or makes high-pitched squeals during start-up, or vibrates a lot while you drive it)
- Failures in the hood or anti-roll system.
How to demonstrate hidden defects in a car
It is not enough that the car fails, you have to prove it. For this it is necessary in most cases to hire a expert expert in hidden vices make an expert report on the condition of the vehicle and what problems it has.
Once this report is obtained, it is possible to file a lawsuit if the seller does not accept responsibility. Here it already depends a lot where you have
Cars affected by hidden defects
There are two ways to buy a used car:
Sale between individuals
The Civil Code is the one that regulates the purchase and sale of vehicles between individuals. It establishes a six-month guarantee framework and obliges the seller to deliver and clean up the vehicle sold (due to hidden defects in the thing sold, if they make it inappropriate or reduce the use for which it is intended). In addition, it must be free of charges or encumbrances.
Depending on the state of the vehicle, the consumer is defended in two ways:
- Unusable vehicle: if the damage is so serious that it cannot drive on the road, after proving it, a claim for damages can be filed. full breach due to inability of the object. You can demand the arrangement or request the full return of the purchase.
- Serious damage but does not prevent its use: the seller can be requested to correct the defects.
Dealer Vehicles
In case of buying the vehicle from a professional, article 123 of the General Law for the defense of consumers and users also comes into play. It establishes that the seller is responsible for the lack of conformity that is manifested within a period of two years from the delivery.
In this case, attention must be paid to the purchase and sale contract, since a shorter term can be agreed, as long as it is not less than one year. Things of the guarantees of a second-hand car.
The law indicates that the failures that manifest themselves in the six months after the delivery of the product, already existed when the transaction was made (unless it is incompatible with the nature of the product or the nature of the lack of conformity.
Claim hidden defects in cars
As you can see, the law protects the consumer in case of buying a vehicle with hidden defects. The first thing to do is to record the situation, through a written notification, to the seller. If the latter is not responsible, it is when the expert report that clearly indicates the damage suffered by the vehicle, the causes and the cost of the repair comes into play.
If the seller continues to ignore you, it is possible to file a lawsuit. However, we only have six months from the purchase to make it. After that period, you cannot sue for hidden defects. In the case of professional sellers, the deadline for claims is one year from the delivery of the keys.
Once the claim has been made in application of articles 1,484 and following of the Civil Code, which must meet the aforementioned requirements. The procedure to follow depends on the amount of the vehicle
- Greater than €6,000: ordinary procedure, with demand, Preliminary Hearing and Trial.
- Less than €6,000: verbal procedure, consisting of a claim and a trial.
- Less than €2,000: the assistance of a solicitor is not required, but that of a lawyer.
It can be solved in several ways. From the moment there is a refund of the amount paid, payment of the consequences of the hidden defect, repair of the damages or cancellation of the sale (with the full refund of the amount). In addition, the sentence can establish payment of interest, damages (as established in article 1,486 of the Civil Code there is a right to them if you opt for termination of the contract) and payment of costs of the procedure
Sometimes the seller argues that the car has the ITV in order. However, this does not exempt the existence of hidden defects, since some failures cannot be detected in that inspection.
A lawsuit for hidden defects is not resolved quickly, especially in large cities where the Courts have a significant workload. There the sentence can take up to a year, but in smaller towns the time is usually less.
When filing a claim, it may be interesting to keep the ad for the car, usually published on the Internet. Portals such as coches.com where used vehicles are advertised have no responsibility for the products offered there by individuals or professionals, but the advertisements usually contain information on the condition of the property being sold that can be used as evidence.
