If you bought a used car and within a few weeks a serious defect appears that was not visible and significantly reduces its value or utility, there is a claim. We provide you with a preliminary legal report with the real viability, the deadline and the recommended course of action.
You took the car to the shop because it was making a strange noise and they discovered it needs a new engine. The transmission fails after two hundred kilometers. The ECU is in poor condition and the seller told you it had been serviced. Signs appear of a previous major accident that was not disclosed. The actual mileage is not what appeared in the documentation.
In the sale of used vehicles there are two types of defects: visible ones, which you are assumed to have checked; and hidden ones, which you could not detect with a reasonable inspection and which reduce the value or use of the vehicle. The latter open up claims. The deadline is the trap: the action for hidden defects in civil sales between private parties is 6 months from delivery.
If the defect was visible or the deadline has expired, we tell you before initiating a procedure with no prospects.
We review the contract, vehicle documentation, published advertisement and communications with the seller. We coordinate mechanical inspection with independent experts. We provide you with a preliminary legal report with the most suitable action —redhibitory or quanti minoris—, the timeframe and recommended course of action.
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Contract rescission and refund of purchase price. Applies when the defect is of such magnitude that the buyer would not have purchased the vehicle had they known about it or would have paid much less.
Proportional price reduction when the defect is significant but does not prevent use of the vehicle. The buyer keeps the car and the price is reduced proportionally to the loss of value or utility.
When the seller knew about the defect and concealed it (bad faith), compensation for damages is also warranted. Proving bad faith is established through transaction documentation and expert assessment.
When a hidden encumbrance appears on the vehicle (seizure, title reservation, unpaid financing, undeclared theft) or a third party claims rights over it.
When the seller is a professional and the buyer is a consumer, the legal warranty of the General Law for the Defense of Consumers and Users applies. Different deadlines and regime than civil sales.
Documentary fraud or seller’s silence about relevant information. Proving the manipulation is central. We work with mechanical expert reports and documentary traceability.
Mass lawsuits against manufacturers (car cartel, dieselgate). We work on specific sales between determined seller and buyer.
If your matter fits with one of these specific services, you should review the specific page:
Without a well-constructed expert report there is no viable claim. We work with independent specialized mechanical experts.
The action for hidden defects has short deadlines. We act with the urgency required.
If the defect was visible, the deadline has expired, or the expert report does not prove pre-existence, we tell you.
We know the case law of the Provincial Court of Madrid regarding redhibitory action, quanti minoris and legal warranty in consumer sales.
Action for hidden defects in civil sales between private parties (art. 1490 CC): 6 months from delivery. In consumer goods sales (professional seller to consumer) there is legal warranty with different deadlines depending on purchase date and applicable regulations. The sooner you consult, the better: the deadline is peremptory.
Yes, you can file a claim. Sales between private parties are governed by the Civil Code. Hidden defects open redhibitory action and quanti minoris if the defect was pre-existing, hidden and of certain significance. If the seller knew about the defect and concealed it, damages are also available.
Professional sales to consumers trigger the legal warranty under the General Law for the Defense of Consumers and Users, in addition to the general regime of the CC. The legal warranty is more protective: longer deadlines, presumptions in favor of the consumer for defects manifested shortly after delivery.
In practice, yes. The mechanical expert report is the evidence that proves the defect pre-existed the sale and was hidden. Without it, the claim has little prospects. We work with independent mechanical experts from the beginning.
Return of the price paid and delivery of the vehicle to the seller. Where applicable, incidental expenses. If the seller acted in bad faith, also damages.
If you bought a car with a defect that was not disclosed to you and you have the contract and the repair shop invoice, write to us. We’ll tell you within 24 hours if the claim has merit and what the next step would be.
We respond within 24 business hours. The information you share is subject to attorney-client privilege inherent to the practice of law.