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It is NOT legal to sell a car in Spain SIN GARANTIA
OK, so what are my options?
It does mean that you have not warante and it is NOT LEGAL
Well the best way it to contact with the consumer service of the city hall where the seller is a denounce him
Even if signed by you its ilegal he will get a fine and you your money back
At the moment things are still amicable. I would prefer not to be confrontational in that way
I suspect the garage owner either does not know he is lioable, or hopes I will give up in the face of his offer.
You have 1 year warante by law
law it is RDL 1/2007
The same law as the Liability for Defects EU Directive?
This law is non renunciable for you as a consumer
And that definitely does apply in this case?
To get your car repaired or your money back
As far as a remedy goes, if he refuses to repair (at his own cost), or refund my money, can I take the car to another garage and have them bill HIM for repairing it?
Yes, but its better for you to denounce him
Or do I have to denounce and then wait for a resolution (I have no transport at all, which is making life very difficult, I can't wait weeks or months to resolve this)
No, It will be fast
he will get a fine and the order to repair your car
If he do not repair you could do it an sue him in court also
OK, so first step is to tell him that is what I will do if he does not repair the car?
Remenber to do it in 6 months since the date of the bill
yes, I have until June
after 6 months I have to prove the fault was there at the point of sale, correct?
I think the best for you its to send him a burofax and thrat him to denounce him if he does not repair in 7 days
what is a burofax?
like a recorded delivery letter?
Correct, in the second 6 months you have to probe
Yes a burofax its a service provided for spanish mail
I can get that from the Post Office?
Its a legal way to probe you have ask to repair
Yes, in the post office or on line
Great. So to recap. He is liable for the repair or refund, under RDL 1/2007 (EU Directive on Sale of Consumer Goods 1999), and that if he refuses ro fails to do so I can denounce him and receive a court order to force him to repair or refund, weithout proof that fault existed at the point of purchase, provided I begin action within 6 months of the date of purchase. DO I have that correct?
Thank you very much. You have confirmed what I found out from research, it is very gratifying to have an expert opinion as it gives me the confidence to act on this.
Even with a lawyer, according to the spanish civil code you could sue your money even the expenses
I will be here if needed
What does a court action cost in a case of this kind, roughly? Again, I don't have a lot of money to fight in court
Don not let this guy to scam you
It could be no more than 2000 euros that he will have to pay if the attorney makes the procedures right
But I would have to pay it in advance, and then get it back afterwards?
OK, well lets hope that can be avoided :)
Consumer service prottection its free
Thank you again, you have been most generous with your time and expertise, and I very much appreciate your help
Wait for a minute
I tink I have somewhere the law 1/2007 in english aldo
that would be very useful
Here you got
No, but I will download it now
I found a translation. "The prior renunciation of the rights recognized under this legislation consumers and users is void, being also void acts done in fraud of law in accordance with the provisions of Article 6 of the Civil Code.". Oh my goodness, he is in trouble, huh?
Not only is sin garantia void, it's an act of fraud
Please to make a good rate of my service please
he needs to be scared of me now LOL
I certainly will. Thank you very much once again.
Yes You as a consumer can no deny your warantee
Even if signed its abusive and NULE
He has problems with you
He is forced by law to give you warantee
He does the sin ganratia a lot, he even said to me 'i';ve never had a problem selling without guarantee before'
The stamp sin garantia its abusive and nule
They are scamers... do not let them
right before he offered the 'goodwill gesture'.
I won't. Thank you :)
Yes, but you have rights by law
If I get the chance I will let you know what happens
Do not worry put a claim, denounce him and be sure he will get trubles
Either way, thank you :)
I ussually stay here in this site
So, you can reach me whenever
If you need even other laws as civil spanish code i have got the links
That's great. I will certainly come back to you for any futher legal assistance I need. Thank you once again, and I hope you have a wonderful afternoon.
Please do not gorget to rate positevily my service :)