Buying a Second-Hand Car: Unveiling Hidden Mechanical Failures
Buying a second-hand car can turn into a nightmare if the vehicle hides undetectable faults, known in legal jargon as hidden defects. Recently, the Court of First Instance number 8 in Lleida resolved a case concerning hidden mechanical failures in the purchase of second-hand cars. In a ruling dated November 28th, the judge ruled in favor of Tecnibruc, a company that bought a car from Arbones Romeu, after finding that the car had a series of faults that prevented its operation. The court ordered the selling company to pay 5,752.16 euros for repairs, nearly double the cost of the car.
Too Many Breakdowns and Trips to the Repair Shop
According to the proven facts of the judgment, Tecnibruc purchased a Peugeot Bipper in 2022 for 3,000 euros, with a 13-year-old vehicle and 106,755 kilometers. Before the sale, the car had been to the workshop for a tune-up and passed the ITV with only two minor defects in the front bodywork and windshield wiper. However, on the same day of the purchase, the car started experiencing problems. The buyer had to pay up to eight repair invoices. Faced with this situation, Tecnobruc decided to go to court and sued Arbones Romeu, alleging that the newly purchased Peugeot had hidden defects.
During the trial, the buying company presented the judge with workshop invoices to prove that the car did have mechanical problems that were not disclosed by the seller. In contrast, the selling company argued that the defects were due to the normal wear and tear of the very old vehicle with many kilometers traveled.
The buyer provided information indicating that the vehicle had a long list of issues. Among them, it was highlighted that the engine mount was broken, the windshield washer tank had leaks, the shock absorbers and starter motor were failing, and the clutch discs had to be replaced. Additionally, the judgment states that the seller manipulated the engine power, increasing it from 75 to 125 horsepower, which accelerated its wear and exacerbated the breakdowns.
The court concluded that the car did indeed have hidden defects based on three criteria: first, the temporal immediacy in which the mechanical problems manifested from the acquisition of the vehicle. It was proven that the buyer had to take the car to the repair shop repeatedly from the first day of purchase. Second, the frequency of visits to the repair shop. According to the evidence, the buyer went to the mechanic every month or month and a half to fix the car’s faults. And finally, the nature of the breakdowns, which, due to their severity, had to be repaired.
Protecting Buyers
Mario Rodríguez, a lawyer at Legalion Abogados who won the case, states that the outcome of this judgment provides greater protection to buyers of vehicles who experience one breakdown after another. To claim, the lawyer adds, it is not necessary for the car to have "a serious breakdown like a complete engine failure, it is enough to have different, less significant breakdowns that constantly require the vehicle to be taken to the repair shop, especially when in this case, the vehicle is intended for professional use, which prevents the customer from being able to work with it."
In the words of the judge, the fact that the car had so many breakdowns "has affected the vehicle in a generalized and constant way since its acquisition, preventing an expected and usual use of it according to the purpose for which it was purchased." Therefore, the selling company (Arbones Romeu) has been ordered to pay for all the repairs.
However, there is room for appeal against the ruling to the Provincial Court of Lleida.
Conclusion
Buying a second-hand car can be risky, especially when hidden defects come to light after the purchase. This case serves as a reminder of the importance of thorough inspections and transparency between buyers and sellers in such transactions. It also highlights the legal protections available to buyers who find themselves facing multiple mechanical issues with their purchased vehicles.
FAQ
1. Can hidden defects in a second-hand car be legally challenged?
Yes, buyers have the right to seek legal recourse if they discover hidden defects in a second-hand car that were not disclosed by the seller.
2. What criteria are considered in determining hidden defects in a vehicle?
Temporal immediacy, frequency of repair shop visits, and the severity of the breakdowns are key criteria in establishing hidden defects in a second-hand car.