New Car Warranty in Spain: Legal vs. Commercial Coverage
The three-year legal warranty applies to new car purchases in Spain from January 1, 2022. Learn how it differs from commercial warranties and which documents to keep if a defect appears.
Key points
In Spain, new car purchase contracts signed from January 1, 2022, carry a mandatory three-year legal warranty with no mileage limit. Commercial warranties are voluntary and do not replace legal rights; keep all documentation and report defects to the seller promptly.
Key Difference Between Legal and Commercial Warranties
The legal warranty is mandatory. For contracts of sale of new goods signed from January 1, 2022, it lasts three years in Spain, with no maximum mileage limit. This period is established by law and should not be confused with the terms of a commercial warranty.
The commercial warranty is a voluntary commitment by the manufacturer or dealer. It does not exempt the seller from legal warranty obligations. It may have specific conditions, exclusions, and timeframes, so it is advisable to read the contract before accepting an extension.
Section references: Radiografía exclusiva de las garantías de los coches nuevos en España ↗
What the Legal Warranty Covers: Conformity Defects
The legal warranty covers manufacturing defects and mechanical, electrical, and electronic failures that manifest during the applicable period. Repairs for these defects must be carried out at no cost to the consumer.
It does not cover natural wear and tear of parts or failures resulting from lack of maintenance. If misuse or poor maintenance is alleged, its relationship to the specific defect is relevant: it does not mean that any breach automatically cancels all consumer rights.
Section references: Radiografía exclusiva de las garantías de los coches nuevos en España ↗ · Garantía del coche: qué cubre, cuánto dura y extensiones por marca ↗
- Covers manufacturing defects and mechanical, electrical, and electronic failures.
- Does not cover part wear or failures resulting from lack of maintenance.
- Misuse or poor maintenance must be evaluated in relation to the claimed defect.
Warranty Period and Repairs
The legal warranty period is extended by the time the vehicle spends in the workshop for repair. If the car is there for two months, that time is added to the warranty period.
Repairs carried out under warranty and the parts used come with an additional one-year warranty.
Section references: Radiografía exclusiva de las garantías de los coches nuevos en España ↗ · Garantía de un coche nuevo: qué cubre y cuánto dura ↗
- The time the vehicle spends in the workshop for repair extends the warranty period.
- Warranty repairs and parts used have an additional one-year warranty.
Commercial Warranty: Conditions, Exclusions, and Application
The commercial warranty is voluntary and may cover more components or last longer than the legal warranty. It may include specific exclusions, for example, for use in competitions or vehicle modifications; check the written terms.
The commercial warranty does not replace the legal one. Keep the contract and verify what coverage it offers and for how long.
Section references: Radiografía exclusiva de las garantías de los coches nuevos en España ↗
- It is voluntary and can extend coverage or duration.
- It may establish specific exclusions.
- It does not replace the legal warranty.
- Keep the contract to consult its terms.
The Role of Maintenance in a Claim
Follow the manufacturer's maintenance plan and specifications, and keep receipts for services and repairs. The history helps document how the vehicle has been maintained. If a failure is attributed to poor maintenance, the relationship between that maintenance and the specific defect is important.
Lack of maintenance does not automatically mean the loss of all coverage; the specific impact on the defect must be assessed.
Section references: Radiografía exclusiva de las garantías de los coches nuevos en España ↗ · ¿Qué garantía tiene tu coche nuevo? ↗
- Follow the manufacturer's maintenance plan and specifications.
- Keep the maintenance book and invoices for services and repairs.
- Lack of maintenance does not automatically imply the loss of all coverage.
Documents and Steps When a Defect Appears
Keep the purchase invoice, maintenance book, and communications with the seller or manufacturer. These documents help record the purchase, services, and the reported defect.
If you detect a defect, report it to the seller and keep a record of the communication and responses. Check the terms of the commercial warranty, if any, and ask for information about the options available for your case.
Section references: Radiografía exclusiva de las garantías de los coches nuevos en España ↗ · ¿Qué garantía tiene tu coche nuevo? ↗
- Keep the purchase invoice, maintenance book, and communications.
- Report the defect to the seller and keep a record.
- Check the applicable terms before deciding how to proceed.
How long is the legal warranty for a new car in Spain?
For new car purchase contracts signed from January 1, 2022, the legal warranty is three years, with no maximum mileage limit.
Does the commercial warranty replace the legal one?
No. It is voluntary and does not exempt the seller from legal warranty obligations; check its terms and duration.
What should I consider when maintaining the car?
Follow the manufacturer's plan and specifications and keep receipts. If a defect is attributed to poor maintenance, its relationship to the specific failure must be evaluated.
What happens if the car is in the workshop during the warranty?
The warranty period is extended by the time the vehicle spends in the workshop for repair.
Which documents should I keep to make a claim?
The purchase invoice, maintenance book, and communications with the seller or manufacturer.
