Is Clutch Failure Covered Due To Hidden Defects Or Warranty?

Reclamación por avería del embrague

Knowing whether a clutch failure in a second-hand car is covered or not by the warranty or it is possible to make a claim for hidden defects is the subject of many doubts. Throughout the day we receive innumerable inquiries from subscribers or possible contacts, who tell us about their specific cases so that we can advise them.

Undoubtedly, one of the most repeated questions is related to warranty coverage or hidden defects. There are many who ask us if certain parts of the car and their consequent breakdown are covered, and if it is the seller’s responsibility to repair it.

Is clutch failure covered by hidden defects or warranty?

Within these doubts, if we had to mention one part of the vehicle that we are asked about most often, it would be the clutch. A very high percentage of vehicle owners who have warranty problems or hidden defects are affected by car clutch problems.
The main question is to know if this clutch failure should be paid for by the seller of the car (purchase or private) and the answer is no.
In general, we know that the parts or breakdowns of the car, as long as they are considered elements of wear and tear, do not fall within the scope of responsibility of the seller.
Therefore, the clutch is almost never considered a hidden defect or warranty type problem with few exceptions.

Exceptions that include the clutch as the responsibility of the seller

We are talking about very specific cases, in which it can be understood that this problem derived from the clutch is not due to normal wear and tear on the vehicle.
These assumptions are:

Recent failure

If we have bought a car very recently (1 or 2 months). It can be understood that this damaged clutch is not due to normal wear and tear on the vehicle. In such a short time, the clutch should not have been damaged; And in this case, the seller could be asked to take care of the problem.

Kilometers handled

Another exceptional case is that we are faced with a vehicle with manipulated kilometers or similar situations that demonstrate the bad faith of the seller. In this case, we can demand responsibility for hidden defects or guarantee when there are clutch failures.

Vehicle that is not in its normal condition

The third case refers to the failure of a car clutch, which has been recently «repaired» by the seller or by his corresponding mechanic. We are talking about a vehicle purchased with a previous clutch repair and that was supposedly fixed (usually at the seller’s expense), regardless of whether or not we were aware of it at the time of sale. That is to say, that we can demonstrate, for example through an expert, that an attempt has already been made to repair that clutch.

These assumptions are very exceptional situations. In general, when the clutch failure corresponds to normal wear and tear on the vehicle, it is not covered by warranty or hidden defects.

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