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Car Is Defective: Seller's Guarantee Obligation

When purchasing a new car, the seller is obligated to offer a two-year guarantee from the date of delivery for any defect preventing normal use or its intended purpose.

For used cars, the guarantee period can be shorter, but it may not be less than one year. If the seller does not provide clear information on the duration of the guarantee for used vehicles, the two-year period applies by default.

Both the seller and the manufacturer can offer a commercial guarantee after the two-year legal guarantee period. The terms of that guarantee, what it covers and its duration should be stated in the general guarantee conditions.

After the first two years, you can still claim guarantee if a hidden defect is discovered. However, you have to prove that the defect was already present at the time of purchase. In that case, you can only ask for a price reduction or a refund.

Is your car serviced at a dealership other than the one where you purchased it? Then the dealership from whom you bought the car cannot refuse guarantee for a problem covered by the guarantee unless they can demonstrate that poor maintenance is the cause of the problem.

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