If the car arrives with a fault, who is liable?

The Premium Cars team16 September 20263 min read

Two different warranties that always get confused

The statutory warranty: the one the law gives the buyer against the seller, whether or not any paper mentions it.
The commercial warranty: the one from the brand's approved used programme (Junge Sterne, Premium Selection, Porsche Approved). It is voluntary, and it is binding on the terms of its own statement and of the advertising.

What the European rules say

The sale of goods directive provides that the seller is liable for lacks of conformity that appear within a minimum of two years from delivery. For second-hand goods it allows Member States to let a shorter period be agreed, which can never go below one year. And it establishes a presumption in the buyer's favour during the first year, which in Spain the law extends to two years. With one caveat that matters precisely on used cars: if a shorter liability period has been agreed, the presumption cannot be shorter than that agreed period either. Look at what your contract says.

On top of that, each country has its own version:

	Germany	Spain
General statutory warranty	2 years	3 years
On used cars	Can be reduced to 1 year, but only with prior notice and an express, separate agreement	A shorter period can be agreed, never less than 1 year

Which law applies if the seller is German?

It depends on the contract and on the circumstances: it is governed by the Rome I Regulation, and in consumer contracts there are special rules that can lead to the law of the consumer's country being applied when the seller directs its activity at that country. We are not going to give you a closed answer, because there is none without looking at the specific case. What you can do is have it agreed in writing before you buy.

Where to complain from Spain

First, to the seller and in writing. Keep a copy: it is a requirement for the following steps.
European Consumer Centre: it deals with private consumers resident in Spain who have a problem with a business in another European Union country, Iceland or Norway, and it requires you to have complained to the business in writing first. (Its form also mentions the United Kingdom, but other pages from the same body leave it out: if that is your case, ask them first.)
Motor trade arbitration in Germany (Kfz-Schiedsstellen): it intervenes in used vehicle purchases and in workshop work. The workshops taking part are those affiliated to a motor trade guild, which show it with a blue and white shield and with a clause in their general terms. If the business is not signed up, the federal arbitration board remains.

If somebody mentions the "European online dispute resolution platform" to you, they are out of date: it was repealed with effect from 20 July 2025.

What we do

Before you pay, we confirm in writing which specific warranty that car carries, from its brand's approved used programme, and its scope. We do not give a general duration for one reason: it varies from car to car, and we have already seen everything within the same programme.

Frequently asked questions

How much statutory warranty does a car bought in Germany have?

The European rules set a minimum of two years from delivery. On used cars, Germany allows it to be reduced to one year, but only with prior notice and an express, separate agreement.

And if the purchase is governed by Spanish law?

The general statutory warranty in Spain is three years, and on a used car a shorter period can be agreed that can never go below one year.

Who has to prove the fault was already there?

The European directive sets a minimum of one year of presumption in the buyer's favour. In Spain the law goes further: two years from delivery. On second-hand goods, if a shorter liability period was agreed, the presumption cannot go below that agreed period.

Where do I complain if the seller is German?

To the seller first, in writing. After that you can go to the European Consumer Centre, which requires that prior complaint, or to German motor trade arbitration if the dealer is signed up to it.