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How BACIERO & VIEIRA ABOGADOS Can Help You Claim for Hidden Defects in the Purchase of a Second-Hand Vehicle

Buying a second-hand vehicle can be a great way to save money, but it also comes with risks, especially if the car has hidden defects that were not detected at the time of purchase. If you're facing such a situation, BACIERO & VIEIRA ABOGADOS is here to help you assert your rights and find the best legal solution for your case.

What Are Hidden Defects in a Vehicle?

Hidden defects are problems or faults that were not evident or detectable at the time of purchase and significantly affect the functionality or safety of the vehicle. According to the law, these defects should not be present in the car at the time of sale, as they fail to meet reasonable expectations set forth by both the buyer and legal regulations.

Some common examples of hidden defects in second-hand vehicles include:

• Major issues with the engine or transmission.
• Structural damage hidden from view, such as damage from previous accidents.
• Fuel or cooling system leaks.
• Undetected electronic malfunctions.
• Deficiencies in the braking system or suspension problems.

Often, these problems aren't noticeable during a test drive or a basic inspection, which makes them "hidden." However, they may become apparent shortly after the purchase, causing frustration and unexpected costs for the buyer.

Buyers' Legal Rights Regarding Hidden Defects

As a buyer, you have legal rights that protect you in situations like these. Spanish law, particularly outlined in the Civil Code and the General Law for the Defense of Consumers and Users, requires sellers, whether private individuals or businesses, to ensure that the sold item is free of defects that hinder its proper use.

Here are some key points you should know:

1. Legal warranty: In transactions between individuals and businesses, the seller is obligated to provide at least a one-year warranty. This allows you to claim repairs or refunds if hidden defects are discovered within this period.

2. Action for hidden defects: According to the Civil Code, you have the right to claim for hidden defects within six months of purchase, provided the defect existed before the sale, even if it wasn't obvious.

3. Claims against the seller: If the seller withheld information about previous damages or misrepresented the vehicle's true condition, you can file a formal claim.

4. Compensation for damages: If the hidden defect has caused additional costs (such as major breakdowns, repairs, or even accidents), you can request compensation for those damages.

How Can BACIERO & VIEIRA ABOGADOS Help with Your Claim?

At BACIERO & VIEIRA ABOGADOS, we have extensive experience defending consumer rights in second-hand vehicle transactions. We take a meticulous and professional approach to ensuring you receive the best possible outcome for your case. Our process includes the following steps:

1. Detailed Case Study

We start with an initial assessment to understand the sales contract, the circumstances of the purchase, and the technical details of the hidden defect. We analyze the provided documentation, such as warranties, maintenance history, and any prior communications with the seller.

2. Collaboration with Expert Evaluators

To prove the existence of a hidden defect, we work with automotive technicians and expert evaluators who can conduct thorough inspections of the vehicle. These expert reports are essential for substantiating your claim and proving the problem existed before the sale but was not disclosed.

3. Management of Out-of-Court Claims

Before resorting to legal action, we strive to resolve the dispute amicably through an out-of-court claim. This involves sending a formal notice to the seller, demanding repairs, a full or partial refund of payments, or even a financial solution for additional damages. This step is often effective in saving time and resources by avoiding litigation.

4. Legal Representation in Court

If the seller does not respond or refuses to cooperate, we will proceed with legal action to enforce your rights. We will represent you throughout the entire process, relying on the Civil Code and consumer protection laws to argue your case. Our goal is to achieve the most satisfactory resolution for you, whether that means a full refund, free repairs, or compensation for damages.

Why Choose BACIERO & VIEIRA ABOGADOS?

We are a law firm committed to providing personalized, transparent, and effective legal service. We understand that facing situations like these can be frustrating and stressful. That’s why, at BACIERO & VIEIRA ABOGADOS, we manage every step of the legal process, from the initial analysis to the final resolution.

Some of the values that define us include:

• Specialization and experience: We have experts in civil and consumer law, with a strong track record in disputes involving hidden defects and sales contracts.
• Personalized attention: Every case is unique, and we work closely with you to design the best strategy.
• Client-focused results: Our aim is to secure the most favorable outcome for our clients, whether it’s recovering their investment or providing fair compensation.
• Transparency: We maintain constant communication with you, keeping you informed of every development in your case.

Peace of Mind with the Right Legal Support

Buying a vehicle should be a positive experience. If you feel wronged by the discovery of hidden defects in your second-hand car, the team at BACIERO & VIEIRA ABOGADOS is here to help you resolve these issues effectively and with total peace of mind.

Don’t let an unfortunate experience affect your finances and peace of mind. Get in touch with us today for an initial consultation and find out how we can help you defend your rights and achieve the resolution you deserve.

Contact Us

You can reach BACIERO & VIEIRA ABOGADOS by phone, email, or by visiting our offices. We’re ready to provide you with the legal advice you need. We’re here for you!