Q: A year ago I purchased a car from a local dealer. Recently the car’s central locking malfunctioned. It progressively got worse and now it stopped working completely. Since the car is still under warranty, I informed the seller about this problem. The seller refused to provide me with a remedy, claiming that the warranty he gave me does not cover such defects. On the warranty there is only written that the guarantee is valid for two years and that it includes the car’s engine and gearbox. There is no reference in the commercial guarantee that the central locking or other electronic faults are excluded.

I would like to know what my rights are in this situation?

Consumers’ purchases are also protected by the two-year legal guarantee

A: Since the car was purchased less than two years ago it is not only covered by the commercial guarantee given to you by the seller but also by the two-year legal protection. Both guarantees do not exclude electronic faults. Hence, unless the seller presents proof that the car’s fault has been caused by some kind of misuse, or is the result of normal wear and tear since the car has not been purchased brand new, you are entitled to a free repair or replacement of the car’s central locking system.

When sellers want to exclude certain faults from commercial guarantees, in the guarantee’s document they should clearly state what is covered by the guarantee and if certain components of the product are excluded, these must be clearly stated in the guarantee.

Failure to do so will entitle consumers to claim a remedy when any kind of fault occurs. Furthermore, consumers should be aware that their purchases are also protected by the two-year legal guarantee and hence there may be instances where certain faults are not covered by the commercial guarantee but consumers may still claim a remedy under the two-year legal protection.