Attorney Specializing in Car Warranties
- The problem
Law firm specializing in vehicle warranties
You have purchased a car new or used and, shortly after, a problem arises. The seller or dealership refuses to make repairs, arguing that «the warranty doesn’t cover that.» It’s a frustrating situation and, in many cases, illegal.
Your warranty is not just a formality, it’s a contract and a right protected by law.
As an attorney specializing in vehicle warranties, my job is to ensure that the seller fulfills their obligations. I know the General Law for the Defense of Consumers and Users and know how to use it to protect your investment.
Cases where you should take action
The dealership or seller refuses to make repairs.
They offer you a partial solution that doesn’t solve the problem.
The warranty period is about to expire.
You bought from a private party and the car has a serious defect.
The official service center has attempted repairs multiple times without success.
The sooner you act, the more options you’ll have to recover your investment.
The decision is yours.
- Warranties
First, what type of warranty does your car have? Not all warranties are the same
To be able to claim effectively, the first step is understanding what type of protection you have. The word «warranty» can refer to three different legal concepts.
The Mandatory Legal Warranty (for Lack of Conformity)
It is the most important and is always free. Any professional (dealer, used car lot) who sells you a vehicle is legally obligated to provide it. It covers any "lack of conformity," meaning any defect or problem that existed at the time of delivery, that was not clearly disclosed, and that does not correspond to what was agreed upon. The period is three years for new cars.
For used vehicles, by express agreement, it can be reduced to a minimum of one year, but if there is no agreement, the period will also be 3 years. Furthermore, if agreed below the legal minimum, such agreement is void and the ordinary three-year period applies. Fraudulent attempts regarding the content and scope of the warranty are quite common.
The Additional Commercial Warranty
It is a voluntary commitment offered by the seller or manufacturer in addition to the mandatory legal warranty. It can improve or extend it (for example, adding more years of coverage, covering specific parts, or providing extra assistance). It can never limit the rights you already have by law, but must provide an additional benefit to the buyer. We also commonly see fraud regarding the content and scope of these commercial warranties.
The "Warranty" Between Private Parties (Remedy for Hidden Defects)
If you buy a car from a private individual, there is no legal warranty as such. However, the private seller has the obligation to be liable for 6 months for hidden defects: serious defects that already existed and were not visible.
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- Rights
What can you demand as a consumer?
- Repair or Replacement of the Vehicle: First, you have the right to choose between having the defect repaired free of charge or having the car replaced with another of identical characteristics. The choice is yours, unless one of the options is disproportionate.
- Price Reduction or Contract Termination: If repair is not possible, is not done within a reasonable time, or if the vehicle continues to fail, you can opt for a more drastic solution: request a price reduction or contract termination, which involves returning the car and recovering your money.
- Compensation for Damages: Additionally, if the seller's breach has caused you other expenses or damages (rental of another car, etc.), you can claim compensation for damages.
Your Attorney
Attorneys specializing in car warranties
Hello, I’m José Manuel Sánchez Berenguer. Attorney specializing in vehicle warranties.
The story is almost always the same: you buy a car with excitement, trust that the warranty will protect you, and when it comes down to it, it’s all excuses. I know how frustrating it is to feel like you’re being taken for a ride and having to fight for something that is simply fair.
My job is precisely to take care of that uncomfortable part. I know the way and I know how this works. If you want, tell me about your case without obligation and let’s see what can be done.
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Defend your warranty today
If you have a problem with your car warranty and feel like they’re not listening to you, don’t hesitate to contact me. Don’t let a breach devalue your purchase.