Defect appearing within two years after delivery (or more than one year for used cars)

When you buy a new car (including new display models), the seller is legally required to provide a two-year legal guarantee from the date of delivery covering any defect in the vehicle.

Your rights in the event of a defect in a new car

As a first step, you are entitled to free repair or free replacement of the car. If repair or replacement is impossible or would involve disproportionate costs for the seller, you are entitled to request a price reduction or termination of the sales contract.

Your rights in the event of a defect in a used car

For used cars, the legal guarantee period cannot be shorter than one year. If the seller does not provide clear information about the guarantee period, the standard legal guarantee of two years applies.

When selling a used car, the seller must attach a document to the contract describing the condition of the vehicle. This document must specify any parts showing signs of wear or requiring repair. You cannot rely on the legal guarantee for defects that are explicitly mentioned in this document and that you chose not to have repaired.

Maintenance and contractual clauses

Clauses that exclude the guarantee for certain parts are prohibited. For example: “No guarantee on tyres, brakes or other parts subject to wear”, or “Guarantee applies only to the engine, gearbox and transmission”. Normal wear and tear (assessed on a case-by-case basis) is not covered by the legal guarantee. However, certain parts cannot be excluded in advance.

If you have your car serviced by a garage other than the one where you bought it, the seller cannot refuse to apply the guarantee, unless they can prove that the defect is the result of poor maintenance.

Defect appearing more than two years after delivery (or more than one year for used cars)

After the legal guarantee period has expired (two years for new cars or at least one year for used cars), the seller or manufacturer may offer a commercial guarantee.

The contract must clearly state:

• the conditions of the guarantee,
• what the guarantee covers,
• the duration of the guarantee.

After the legal guarantee has expired, you may also rely on the guarantee for a hidden defect. However, you must prove that the defect already existed at the time of purchase. In this case, you may only request a price reduction or a refund.