Q: Are dealers obliged to give a guarantee on the vehicles they sell? If so, for how long should they give it?

A: Car dealers are not legally obliged to give a commercial guarantee on the vehicles they sell, as this type of guarantee is given out voluntarily by sellers.

However, since dealers are professional sellers, the vehicles they sell are covered by the legal provisions of the Consumer Affairs Act. This means that for up to two years from the date of purchase, consumers may claim a free remedy from the dealer if the product purchased does not conform to the contract of sale, such as, for instance, the car has a hidden defect or it does not have the functions promised to the consumer when the latter concluded the contract of sale.

Having said that, one has to keep in mind that when buying second hand cars, it is difficult to prove that the car had a hidden defect. A second hand car is normally older than two years and the problems that may arise after purchasing such cars may be due to wear and tear, which does not entitle consumers to claim a free remedy.

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