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-   -   Selling a second hand car (https://britishexpats.com/forum/spain-75/selling-second-hand-car-942830/)

Mustard Feb 17th 2022 8:09 pm

Selling a second hand car
 
I'm going to buy a new car soon and the trade-in price for my 16 year old car is practically nothing although it has service history, low mileage and is in good condition.

A friend is interested in buying it from me but I've been told that under Spanish law I will be obliged to offer him a six-month mechanical guarantee.
Has anybody had any experience of this?



agree_to_disagree Feb 17th 2022 8:31 pm

Re: Selling a second hand car
 
Just dug this up...

https://spanishnewstoday.com/extende...1735182-a.html

Clear as mud...

Not sure if this is saying that the six months period applies or does not apply to private sellers...

This law is almost ridiculous that you can be liable for a car you sell for six months or longer, if it does apply to private sellers.

I can just imagine an unscrupulous new car owner arranging some repairs on the car and trying it on to get charged back to the pervious owner.

World gone mad by my reckoning as has the EU for some of the laws they churn out.

https://cimg7.ibsrv.net/gimg/british...e7d5c9c4c1.jpg

DLC Feb 17th 2022 9:21 pm

Re: Selling a second hand car
 
https://www.motorpasion.com/compra-c...do-como-afecta

The guarantee for private sales can be six months if it's written into the contract. The guarantee only covers hidden defects, i.e. those which aren't visible, haven't been itemised in the contract, and aren't expected of a car of this age.

Mustard Feb 18th 2022 6:24 am

Re: Selling a second hand car
 

Originally Posted by DLC (Post 13095443)
https://www.motorpasion.com/compra-c...do-como-afecta

The guarantee for private sales can be six months if it's written into the contract. The guarantee only covers hidden defects, i.e. those which aren't visible, haven't been itemised in the contract, and aren't expected of a car of this age.

Thanks for that information. I've read through it but can't find where it says 'defects which aren't expected of a car of this age'

What would happen if the clutch on a 16 year old car failed five months after the sale?


DLC Feb 18th 2022 3:15 pm

Re: Selling a second hand car
 
Sorry, that was in another link that I missed out of the post for some reason, I guess it was too late at night:

https://www.hoy.es/motor/obligatorio...3627-ntrc.html

Notdunroamin Feb 18th 2022 6:00 pm

Re: Selling a second hand car
 

Originally Posted by Mustard (Post 13095495)
What would happen if the clutch on a 16 year old car failed five months after the sale?

Tough titty on the new owner that's what!

If a car of that age drove for 5 months without issue a failed clutch could hardly be deemed a hidden defect which you could or should have known about and failed to disclose.

Mustard Feb 18th 2022 7:49 pm

Re: Selling a second hand car
 

Originally Posted by DLC (Post 13095609)
Sorry, that was in another link that I missed out of the post for some reason, I guess it was too late at night:

https://www.hoy.es/motor/obligatorio...3627-ntrc.html

Thanks for that


Originally Posted by Notdunroamin (Post 13095690)
Tough titty on the new owner that's what!

If a car of that age drove for 5 months without issue a failed clutch could hardly be deemed a hidden defect which you could or should have known about and failed to disclose.

That would be logical but there is no clear definition of a hidden defect. For example, a part on my alternator failed last summer and although the consequence was a sudden noise, the component had been gradually wearing out without any evidence. If that had happened two weeks after a sale, would the esteemed legal precedent of tough titty apply?

Maybe this is why operations like compramostucoche.com are becoming more popular as they inspect the car first and there is no comeback to you, although they offer a pittance.


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