Warranty on a used car bought in another EU country

If you buy a used car from a professional seller in another EU country, you have the European legal guarantee: the seller is liable for defects and for anything that does not match what was advertised for at least two years, although for second-hand goods some countries allow a shorter period to be agreed, which can never fall below one year. If you buy from a private individual, those consumer rules do not apply. And what you can claim in detail also depends on which law governs the contract.

Professional or private seller: the difference that changes everything

The European legal guarantee protects the consumer who buys from a professional seller. According to the European Commission's Your Europe portal, second-hand goods bought from a professional seller are also covered by the minimum two-year guarantee, and these rules do not cover goods bought from private individuals.

So, before looking at the price, ask yourself who you are buying from. A dealer or a used-car trader that issues an invoice gives you protection that a private individual cannot. You can find the full comparison, with its pros and cons, in buying a car in Germany from a private seller or a dealer.

What the legal guarantee covers and what you can ask for

The legal guarantee covers lack of conformity: the car has a defect or is not as agreed and advertised. Directive (EU) 2019/771, which governs these guarantees across the EU, requires the goods to be in line with the description, type, quantity and quality set out in the sales contract.

If a defect appears, what you can ask for follows an order:

1. Repair or replacement. According to Your Europe, the seller must repair or replace the goods free of charge.
2. Price reduction or refund. If that is impossible, or the seller cannot do it within a reasonable time and without major inconvenience, you are entitled to a full or partial refund.

It matters a great deal that the repair costs you nothing when the seller is in another country: under Directive (EU) 2019/771, it must be done free of the costs necessary to bring the goods into conformity, especially the cost of postage, transport, labour or materials.

Another point in your favour is the burden of proof. If a defect is found within one year of delivery, you do not need to prove that it already existed at the time of delivery, according to Your Europe. In some countries that period is two years; in Spain, the consumer protection law sets it at the two years following delivery of the goods.

One, two or three years? The period for a used car

Directive (EU) 2019/771 sets the baseline: the seller is liable to the consumer for any lack of conformity that exists at the time of delivery of the goods and becomes apparent within two years of that time. From there, each country can move in two directions:

• More protection. Member States may maintain or introduce longer periods. Spain, for example, sets three years from delivery in the case of goods.
• A shorter period for used goods. Countries may allow seller and consumer to agree a shorter period for second-hand goods, provided that the shorter period is not less than one year. In Spain, for second-hand goods, the trader and the consumer or user may agree a shorter period, which cannot be less than one year from delivery.

Your Europe sums it up for the buyer: in some EU countries you can agree with the seller a guarantee period of less than two years, but it must never be less than one year, and this should be made clear at the time of purchase. If the contract says nothing, do not assume the period is the shortest one.

“Sold without guarantee”: what counts and what does not

A generic clause excluding the guarantee does not take away your rights against a professional. Directive (EU) 2019/771 provides that no contractual clause that, to the consumer's detriment, excludes the application of the national transposition measures will be binding on the consumer.

What the Directive does allow is something else: the seller warning you of a specific defect. There is no lack of conformity where the consumer was specifically informed that a particular characteristic of the goods departed from what is normal and accepted it expressly and separately. In practice, if you sign separately that the clutch is worn, you will not be able to claim for the clutch afterwards. Read calmly every document you are asked to sign.

A commercial guarantee, which some sellers or manufacturers offer on top of the legal one, is a different matter. According to Your Europe, it can provide better protection, but it can never cancel or reduce the rights you have under the minimum two-year guarantee.

Which law applies if the seller is in Germany

The minimum guarantee is European, but the details (longer periods, notices, presumptions) depend on the national law that governs the contract. Regulation (EC) No 593/2008, known as Rome I, gives two rules:

• General rule: a contract for the sale of goods is governed by the law of the country where the seller has their habitual residence.
• Consumer contracts: they are governed by the law of the country where the consumer has their habitual residence, provided that the professional pursues their commercial or professional activities in that country or by any means directs such activities to that country.

In other words: if a German dealer directs its activity at buyers in Spain, Spanish consumer law may be on your side; if you bought on your own from a seller who does not target Spain, German law will normally apply, always with the European minimum. If it comes to that, consult a consumer association or a lawyer.

If you buy from a private individual

European consumer protection law does not apply to sales between private individuals, and Your Europe recommends taking extreme care when you buy a car from a private seller. What you are left with is the civil law of the country whose law governs the contract.

As a reference, in Spain the Civil Code obliges the seller to answer for hidden defects in the thing sold, and those claims lapse six months after delivery of the thing sold. If the seller is German, the law of their country will normally govern, so do not count on that rule. With a private seller, your best guarantee is to check the car thoroughly before paying: go over what to check before buying a used car in Europe and how to spot tampered mileage.

How to claim from Spain

• Write to the seller as soon as possible. Describe the defect, attach photos and a garage's diagnosis, and keep proof that you sent it. The Directive allows countries to require the consumer to notify the seller of the lack of conformity within a minimum period of two months from the date on which they detected it.
• Keep the papers to hand: invoice or contract, advertisement, messages and any guarantee document.
• Ask for help if it stalls. If you have problems trying to obtain a repair or a refund, the European Consumer Centre in your country can help you, according to Your Europe.

This guide is for information only. If your case involves a large amount or the seller does not reply, consult a professional before making decisions. For the rest of the buying process, start with importing a car from Germany step by step.

Sources consulted

Checked on 11 October 2026. We link to the original source so that you can consult the current text.

• Garantías. Comisión Europea (Tu Europa).
• Directiva (UE) 2019/771 del Parlamento Europeo y del Consejo, de 20 de mayo de 2019, relativa a determinados aspectos de los contratos de compraventa de bienes. BOE (DOUE).
• Comprar y arrendar (leasing) un vehículo en otro país de la UE. Comisión Europea (Tu Europa).
• Real Decreto Legislativo 1/2007, texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios (texto consolidado). BOE.
• Reglamento (CE) n.º 593/2008, de 17 de junio de 2008, sobre la ley aplicable a las obligaciones contractuales (Roma I). BOE (DOUE).
• Real Decreto de 24 de julio de 1889, Código Civil (texto consolidado). BOE.