Defense of professionals in demands for hidden vices and non-conformity in used vehicles
We defend second-hand vehicle sellers against consumer and user protectionist regulations. Very specialized regulations and of which we are experts, having collaborated in the construction of important jurisprudence in favor of professional vehicle sellers.
The Seller will respond to the final recipient Buyer for any lack of conformity that exists at the time of delivery of the vehicle, in accordance with the provisions of the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws (Royal Legislative Decree 1/2007 of November 16), hereinafter RDL 1/2007.
It is understood that the vehicle is in accordance with the contract, unless proven otherwise, when it conforms to the description made by the Seller; It is suitable for the use to which vehicles of the same type are ordinarily destined; presents the usual quality and performance of a vehicle of the same type that the Buyer can reasonably expect, given its nature.
Lacks of conformity or original defects will not be considered, being expressly excluded from the guarantee:
- Those that were known by the Buyer at the time of the sale, could have been known by the BUYER, or could not be justifiably ignored, according to the terms established in article 116.3 of RDL 1/2007, including those relating to the interior and exterior appearance of the vehicle, and in general how many are susceptible to static and dynamic observation of the used car.
- Those that are due to normal wear and tear of the vehicle, its organs, parts, pieces, accessories, and consumable items, depending on the age of registration and the kilometers traveled prior to the sale and during the warranty period. . For the purposes of the above, by way of example, but not limited to, the replacement of discs, brake pads, brushes, clutches, belts, batteries, etc. are excluded from the warranty.
- Those related to regularized maintenance by the manufacturer (oils, filters, distribution, etc.) as well as any other maintenance not stipulated by the manufacturer.
- Those due to misuse of the vehicle or lack of diligence, as well as improper maintenance of the vehicle by the Buyer. It will be understood that there is an incorrect maintenance when the Buyer does not comply with the Manufacturer’s recommendations. Those that are the result of a theft or accident. The Seller will not respond with respect to those parts or elements of the vehicle that were manipulated by the Buyer, nor when the Buyer had repaired the vehicle without the Seller having given his authorization or had the opportunity to previously verify the alleged lack of conformity, except for the circumstances in which the event that gave rise to the repair occurred was not possible to meet those requirements.
- In order to assert their right, the Buyer must notify the Seller of the lack of conformity reliably appreciated as soon as possible, and within a period of TWO MONTHS, at the most, from when they are dissatisfied with the operation of the vehicle. . The BUYER will be responsible for the damages actually caused by the delay in communication.
- The guaranteeing Seller will not be responsible, nor will the guarantee take effect, if the BUYER beneficiary of the same repaired the vehicle, or it was tampered with, without the SELLER having given its authorization or had the opportunity to previously verify the alleged lack of conformity .
- The Seller will be informed by the Buyer of the lack of conformity, and once its existence has been verified, it will determine the manner and manner of carrying out the repair, as well as the workshop where it should be examined and, where appropriate, repaired. , the vehicle.