Q: Less than a year-and-a-half ago I bought a second-hand car from a renowned dealer in Malta. The car was manufactured in 2010 and imported from Japan. It was sold to me with a 24-month warranty on engine and gearbox.

A few days ago I noticed that on the car’s roof and rear door there were spots of rust. These were not visible when I inspected the car prior to purchase. If they were, I would not have bought it.

The car in question is not garaged but it is still not normal for a car to develop rust seven years after date of manufacture. In fact, I have another vehicle which is older and also never garaged and it does not have any signs of rust. This other car is also a Japanese vehicle.

What are my rights in this situation?

A: Since the second-hand car was bought from a dealer, hence a professional trader, the provisions of the Consumer Affairs Act apply. This means that your purchase is covered by the two-year legal protection and that you may be entitled to claim a free remedy from the dealer if it turns out that the car sold to you does not “show the quality and performance which are normal in goods of the same type and which the consumer can reasonably expect, given the nature of the goods”.

It is, however, important that consumers 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 under the Consumer Affairs Act.

At this point, the best way forward is for you to inform the dealer about the defect you have discovered in your car and see what kind of remedy he is willing to offer you. The law provides that the seller is notified about the defect in writing through a registered letter.

Should the dealer reject your claim or you do not manage to reach an amicable solution, you may then lodge a complaint with the Office for Consumer Affairs.