Go Back  British Expats > Living & Moving Abroad > Europe > Spain
Reload this Page >

Selling a second hand car

Selling a second hand car

Old Feb 17th 2022, 8:09 pm
  #1  
Forum Regular
Thread Starter
 
Mustard's Avatar
 
Joined: Feb 2015
Location: Madrid
Posts: 155
Mustard is an unknown quantity at this point
Default 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?


Mustard is offline  
Old Feb 17th 2022, 8:31 pm
  #2  
Banned
 
Joined: Mar 2021
Posts: 538
agree_to_disagree has a reputation beyond reputeagree_to_disagree has a reputation beyond reputeagree_to_disagree has a reputation beyond reputeagree_to_disagree has a reputation beyond reputeagree_to_disagree has a reputation beyond reputeagree_to_disagree has a reputation beyond reputeagree_to_disagree has a reputation beyond reputeagree_to_disagree has a reputation beyond reputeagree_to_disagree has a reputation beyond reputeagree_to_disagree has a reputation beyond reputeagree_to_disagree has a reputation beyond repute
Default 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.


agree_to_disagree is offline  
Old Feb 17th 2022, 9:21 pm
  #3  
DLC
BE Forum Addict
 
Joined: Jun 2011
Posts: 1,148
DLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond repute
Default 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.
DLC is offline  
Old Feb 18th 2022, 6:24 am
  #4  
Forum Regular
Thread Starter
 
Mustard's Avatar
 
Joined: Feb 2015
Location: Madrid
Posts: 155
Mustard is an unknown quantity at this point
Default Re: Selling a second hand car

Originally Posted by DLC
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?

Mustard is offline  
Old Feb 18th 2022, 3:15 pm
  #5  
DLC
BE Forum Addict
 
Joined: Jun 2011
Posts: 1,148
DLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond reputeDLC has a reputation beyond repute
Default 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
DLC is offline  
Old Feb 18th 2022, 6:00 pm
  #6  
BE Enthusiast
 
Joined: Jun 2017
Location: Alicante
Posts: 924
Notdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond reputeNotdunroamin has a reputation beyond repute
Default Re: Selling a second hand car

Originally Posted by Mustard
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.
Notdunroamin is offline  
Old Feb 18th 2022, 7:49 pm
  #7  
Forum Regular
Thread Starter
 
Mustard's Avatar
 
Joined: Feb 2015
Location: Madrid
Posts: 155
Mustard is an unknown quantity at this point
Default Re: Selling a second hand car

Originally Posted by DLC
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
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.
Mustard is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.