The subject of the mechanical guarantee, what it covers and what it does not, is a field much debated, both by lawyers specialized in this sector, as well as by professionals or individuals. Day after day, they continually encounter such problems while buying or selling cars.
The information about what and who our mechanical guarantee covers, is something essential, to avoid disappointment in the hypothetical case that we have a mechanical problem. It is normal for us to want to know what and who is covered by a second-hand car warranty and it is very important to define the extent of coverage.
How long is the guarantee?
As a general rule, a professional or official dealer, whenever he sells a used car to an individual, he must give a minimum of one year of warranty. The workshop in which it is repaired and how the mechanical problem is solved is left to the seller’s choice. It will be the seller, who has to decide how and who wants it repaired, to his full satisfaction.
If the person who sells the vehicle is an individual to another individual, the obligation to respond to mechanical problems covers only six months from the date of sale.
What is not covered by a warranty
Wear pieces
The most important exception to the warranty is found in the wear elements of the car. If the mechanical problem is caused by a part that has been worn out by normal use of the vehicle, the seller is not obliged to respond.
It can happen, for example an element of the car, such as an engine mount that has been wearing out, produces a major breakdown of parts that are not wear parts. In that case, if it is shown that this has been the case, the seller is not obliged to respond for said repair.
Improper use of the car
A mechanical guarantee does not cover buyers who do not make normal use of the vehicle, such as a rental car or a taxi driver. In these cases, they do many more kilometers than an individual would do at the end of the year. We are talking about a use other than normal.
As long as it is conclusively proven, if a buyer has not carried out the maintenance as it should, at the time requested by the manufacturer, and with the recommended materials and qualities (oil, filters, parts…) it may also be possible to exclude warranty liability. To the seller.
If you have doubts about the warranty coverage of your vehicle or want to claim the seller for warranty, do not hesitate to contact us.
