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José M.
José M., Attorney
Category: Spain Law
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Experience:  Spanish Attorney
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Sold my car in Mallorca and 3 weeks later the guy wants his

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Sold my car in Mallorca and 3 weeks later the guy wants his money back claiming the gear box is broken

Attorney3044 :

Hi

Attorney3044 :

The seller in Spain has to give waranty ( even a private seller ) for 6 months or even 1 year if the buyer could prove that you have scamed him with the sell

Attorney3044 :

If you have an adress or resides here in Spain he could demand you in court and you will have to pay him

Attorney3044 :

If you do not have an adress or you do not resides here in Spain, he will have a lot of problems to get his money back

Attorney3044 :

If you see that you could get problems with him, may be better if you make an arregment to fix tha car with an used spare ( Its legal) and give him the car fixed

Attorney3044 :

But the law its pretty clear, the seller has to give 6 months waranty at least

Attorney3044 :

It is the article 1485 of the spanish civil code

Attorney3044 :

If you want it I can send you a link with the law in english

Attorney3044 :

I will be here if needed

Attorney3044 :

You can write if you have some doubts

Attorney3044 :

If you do not have them I gently ask for a good rate of my service

Attorney3044 :

Thank you. have a good day

Customer: The car was running perfectly the day it was handed over and has a good service history here a a reputable garage here on the island ! He took it for a test drive and has been driving it for 3 week! Does this make any difference as the car was sold in good faith !
Attorney3044 :

The problem is what we can probe. The buyer only has to probe the fact of the bought, and what the car is broken now and the fact that the broken has been for his negligency its for you

Attorney3044 :

So, if you can no probe he has been negligenty you must repair it. To probe the negligency its a matter of you. And it will be very hard for you

Attorney3044 :

Actually I am the leader of the legal deparment of a company here in Spain and we have 20 years experience in the automotive second hand market. I know what i am telling about. Be carefull because in court you could get problems

Attorney3044 :

The best you could do in order to save problems its to meke the arregment to fix the car with an used spare, you will have to pay spare and work but it will be the best for you. Or try to probe the negligency of him, but in court you will assum a very highy risk

Attorney3044 :

Or give him the money back, obiusly.

Customer: Ok Thank you for your advice! I guess we will have to refund unless we can prove negligence which as you say is very difficult.
Attorney3044 :

I know

Attorney3044 :

Its the best you could do, to save problems

Attorney3044 :

Thank you

Attorney3044 :

Please do not forget to rate positively my service

Attorney3044 :

have a good day

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