Legal guarantee on used cars in the EU: dealer duties
Legal guarantee on used cars in the EU: the two-year rule, shortening it to one year, burden of proof, B2B sales and handling buyer claims.
· 7 min read
The legal guarantee on used cars in the EU makes a dealer liable to consumers for defects that existed at delivery and appear within two years. Under Directive (EU) 2019/771, member states may allow shortening to one year for used goods by agreement, and for at least the first year the dealer must prove a defect was not present at delivery. Trade sales fall outside these rules.
How long is the legal guarantee on used cars in the EU?
The basic period is two years from delivery. Article 10(1) of Directive 2019/771 makes the seller liable for any lack of conformity that exists at delivery and becomes apparent within two years. Member states may set longer periods, and some do.
For second-hand goods, Article 10(6) allows member states to let the seller and consumer agree a shorter period, of not less than one year. Most countries have used that option, but the conditions differ:
| Country | Basic period | Shortening for used cars | Presumption that defect existed at delivery |
|---|---|---|---|
| Germany | 2 years (§ 438 BGB) | To 1 year, only if the consumer is specifically informed before contracting and it is expressly and separately agreed (§ 476(2) BGB) | 1 year (§ 477 BGB) |
| Belgium | 2 years | To no less than 1 year, if clearly and unequivocally communicated | Whole guarantee period |
| France | 2 years | Check current French rules before relying on a shorter period | 12 months for used goods (Code de la consommation, L217-7) |
| Netherlands | No fixed period; the car must meet reasonable expectations for its age and use | Not applicable | 1 year |
The German requirement deserves attention, because dealers still use old contract forms. Since 2022, a one-year limitation hidden in the general terms and conditions is not enough – the buyer must be told separately and agree to it separately, for example by a separate signature or tick box next to the clause.
Can a dealer reduce the guarantee to one year?
Usually yes, if national law uses the Article 10(6) option and you follow its formalities. In practice:
- Check that your country allows shortening for used goods.
- Put the shortened period in the contract as a separate, clearly visible clause.
- Inform the buyer before they sign, and get a separate confirmation.
- Keep the signed document in the sales file.
If you get the form wrong, the full two years apply. Belgian law states this expressly, and German courts apply the same logic: no valid separate agreement, no shortening.
Remember that shortening the period does not shorten the presumption in your favour. In Germany, the buyer benefits from the one-year presumption whether the guarantee is one year or two.
For car dealers
Know your margin before you buy
MyCarDealer compares any car from an auction or listing with the market in your country and shows the net margin after VAT, transport and costs – and the maximum bid.
Request accessWho must prove a defect existed at delivery?
During the presumption period, the dealer has to prove that the car was in conformity at delivery. Article 11 of the directive sets this period at one year, and member states may extend it to two.
This is the part that costs dealers money. If a used car's gearbox fails eight months after sale, the law presumes the defect was already there, unless that is incompatible with the nature of the goods or of the defect. The dealer then has to show that the failure results from something after delivery – an accident, misuse, missing maintenance – or from normal wear for the car's age and mileage.
Evidence that helps you:
- A documented pre-sale inspection with fault-code readout.
- Photos and condition notes at handover, signed by the buyer.
- Mileage at delivery recorded on the contract.
- Clear statements of known defects in the contract – a defect the buyer was specifically told about and accepted is not a lack of conformity.
Normal wear is not a defect. Brake discs worn after 20,000 km of driving, or a clutch that fails at 230,000 km, will rarely count as a lack of conformity on a used car. But "sold as seen" language does not remove the guarantee for a consumer.
What remedies can the buyer claim?
The buyer first chooses repair or replacement; for a used car, replacement is usually impossible, so repair is the normal remedy. Under Articles 13 and 14 of the directive, the repair must be free of charge, within a reasonable time and without significant inconvenience to the consumer.
If repair is impossible, refused, fails or takes too long, the buyer can ask for a proportionate price reduction or terminate the contract. Termination is not available for a minor defect (Article 13(5)).
A practical claims routine:
- Log the claim the day it arrives, with the date of delivery and current mileage.
- Ask for the car to be brought in for diagnosis – you have the right to repair first.
- Decide quickly whether the presumption applies and whether you can disprove it.
- If you accept, repair promptly; delays move the buyer towards price reduction or termination.
- Document everything in writing.
An extended warranty can cover many of these repair costs, but the claim remains the dealer's legal obligation.
Does the legal guarantee apply to sales to other dealers?
No. Directive 2019/771 protects consumers only. Sales between businesses are governed by general sales law, which in most countries allows the parties to exclude liability for defects, except for fraud or defects the seller concealed. In Germany, for example, trade sales are routinely made with liability for defects excluded.
That is one reason why selling to traders – at auction or through selling a car out of trade – is the usual route for older or higher-risk cars. Make sure the buyer really is a business: a "dealer" buying in their own name for private use is a consumer, and courts look at the substance, not the label.
Claims from buyers in other countries
When you sell to consumers abroad, their home law may apply. If you direct your business to their country – a website in their language, delivery offers, ads aimed at them – Article 6 of the Rome I Regulation (EC) No 593/2008 means the consumer keeps the mandatory protection of their home country, and under the Brussels I bis Regulation they can usually sue in their home courts.
For cross-border sales, therefore:
- Know the guarantee rules of your main export countries, not just your own.
- Agree how a repair will be handled before the sale – at your workshop, a partner workshop near the buyer, or a reimbursed local repair.
- Price the extra risk and logistics into the car.
Our guide to selling used cars to EU consumers covers the VAT side of the same sales.
Pricing the guarantee into every car
The legal guarantee is a cost of every consumer sale, and it varies by car. A low-mileage petrol hatchback rarely produces claims; a high-mileage premium diesel with an automatic gearbox and air suspension often does. Keep a simple record of guarantee costs per car sold, by model group, and add an expected guarantee cost to your purchase calculation. MyCarDealer's net margin calculation lets you include such costs before you bid – try one car with a free valuation.
Frequently asked questions
How long is the legal guarantee on used cars in the EU?
Two years from delivery under Directive 2019/771. Many member states allow dealer and consumer to agree a shorter period of no less than one year for used goods, provided national formalities are followed.
Can a dealer reduce the guarantee to one year?
Yes, where national law allows it. In Germany the buyer must be specifically informed before contracting and the shortening must be expressly and separately agreed. If the formalities are not met, the full two years apply.
Who must prove a defect existed at delivery?
During the first year after delivery, and in some countries the first two years, the law presumes that a defect existed at delivery, so the dealer must prove otherwise. After that period, the buyer must prove the defect was there at delivery.
Does the legal guarantee apply to sales to other dealers?
No. The consumer guarantee applies only to sales to consumers. Business-to-business sales follow general sales law, which usually allows liability for defects to be excluded, except for fraud or concealed defects.
Is normal wear and tear covered by the legal guarantee?
No. Wear consistent with the car's age and mileage is not a lack of conformity. But the dealer has to show that a fault is wear rather than a defect present at delivery if it appears during the presumption period.