Hidden Defects Attorney for Cars and Motorcycles
That serious breakdown is not bad luck, it’s a hidden defect.
- The problem
Law firm specializing in hidden defects
You bought a car or a used motorcycle. During the purchase, everything seemed correct, but shortly after, a serious breakdown and unexpected failure appears. The private seller disregards responsibility, doesn’t respond or argues that the vehicle was sold «as is». You feel deceived and that you’ve lost your money.
This problem, so common in vehicle sales, has a name and a legal solution: hidden defects.
As attorneys specializing in hidden defects, our job is to analyze your case, prove with evidence the liability of the seller and execute the necessary legal actions so that you get back the money paid or are compensated for the damages suffered.
Your Attorney
Attorney specializing in hidden defects in vehicles
José Manuel Sánchez Berenguer
I don’t negotiate with excuses. I rely on expert evidence to establish the problem and demand your rights, whether against a private party or a dealership.
I’m José Manuel. My sole objective is for you to recover your money (contract rescission) or for the seller to pay for the repair (price reduction).
- What they are and requirements
What Exactly Are Hidden Defects According to the Civil Code?
Not every defect or breakdown is considered a hidden defect in the vehicle. For us to successfully claim in court, the problem with your vehicle must meet three strict requirements set forth in article 1484 of the Civil Code:
The Defect must be Serious
The defect must be of such magnitude that it prevents the proper functioning of the vehicle or diminishes its value to such an extent that, had you known about the problem, you would not have bought it or would have paid a much lower price. We're not talking about minor flaws, but serious breakdowns.
The Defect must be Hidden
The problem could not be detected by simple visual inspection by a diligent buyer at the time of purchase. The law does not require you to be an expert mechanic, so if the defect was not evident, it is considered hidden.
The Defect must Pre-exist the Purchase
This is the key to any claim. We must be able to prove that the breakdown already existed in latent form when the purchase contract was signed, even though it manifested later. An expert report is usually necessary to establish this point.
- The Process
Your Two Legal Options to Claim (Warranty Actions)
If hidden defects in the car are confirmed, the Civil Code grants you as buyer two options or «actions» to force the seller to assume their legal responsibility.
1. Rescission Action: Return the Car and Recover the Money
This is the action most forceful. It consists of the contract termination. You deliver the defective vehicle and the seller is legally obligated to return the money paid in full. If it is also proven that they acted in bad faith (knew about the defect), expenses and compensation for damages can also be claimed.
2. Price Reduction Action: Keep the Car and Obtain Compensation
If, despite the problem, you prefer to keep the vehicle, you can opt for this route. It consists of requesting a price reduction of what you paid. The amount of this reduction is calculated with the help of experts and must be proportional to the loss of value that the hidden defect causes to the car.
3. Alternative Routes: Beyond the 6-Month Period
- Voidability action for fraud (fraudulent misrepresentation or defect in consent): when it is proven that the seller deliberately concealed the defect, the contract can be voided within a 4-year period.
- General contractual breach action (5 years): if the defect is so serious that the car becomes useless for the purpose for which it was acquired, or repair is impossible or disproportionate, termination for breach can be demanded within a 5-year period.
What they say about my automotive law services
Results speak louder than promises. This is what those who already decided to act say.
What we do as hidden defects attorneys
Claiming for hidden defects is a procedure that requires rigor. Our law firm follows these steps:
- Diagnosis and Expert Evidence: The first step is to obtain an expert report that certifies the existence of the hidden defect, its severity and its pre-existing origin. Without this evidence, going to court is reckless.
- Extrajudicial Demand: With the report in hand, we send a certified letter to the seller. In this demand we present the serious defect and formally require a solution (the return of the money or the reduction of the price), giving them a deadline to reach an agreement.
- Lawsuit: If the seller refuses to assume their responsibility, we file the hidden defects lawsuit. We will initiate a trial so that a judge will order them to fulfill their obligations.
The decision is yours.
Start solving it today
You don’t have to bear a repair costing thousands of euros for a problem for which you are not responsible.
If you have purchased a car that presents a serious defect shortly after acquiring the vehicle, you can contact our law firm. You need the legal advice of attorneys specializing in latent defects.