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LEGAL SERVICE

We help you manage the legal warranty

What does the legal service included in our mechanical warranty insurance consist of?

A legal team independent and specialized in the automotive sector, operating within the regulatory framework of the legal warranty, prepares a technical-legal report. This report determines the professional's legal liability regarding claims and, if applicable, includes resolution proposals for them to address, repair, or compensate the claims.

In the event that the claim leads to a complaint before consumer protection agencies or through judicial channels, the professional may request in-person legal assistance, submitting a copy of the actions already taken to facilitate its continuity.

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Technical and legal study of the claim and its documentation.

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Analysis, scope, and assessment of the professional's legal liability

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Technical-legal report for the automotive professional

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In-person legal assistance

We have a nationwide network of law firms and access to preferential rates.

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When can the legal service be requested?

When an incident is not covered by the commercial warranty of one of our mechanical warranty insurances and there is a claim under the statutory warranty, you may request our legal service. We will ensure the continuity of the case file by providing the documentation and the actions already taken.

Statutory Warranty Vs. Commercial Warranty

 

Statutory Warranty

Mandatory. In Spain, this is regulated by Royal Legislative Decree 7/2021 of 27 April, which updates the General Law for the Protection of Consumers and Users.

At least 1 year. Although the Law establishes a general period of 3 years, for second-hand vehicles, it allows for a reduction to 1 year, provided this is agreed upon between the buyer and the seller and is explicitly stated in the vehicle’s sales contract. This reduction is standard industry practice.

Any lack of conformity; that is, any circumstance, characteristic, or fault not specified in the sales contract or the "conformity sheet" (ficha de conformidad) signed by the buyer at the time of vehicle delivery.

During the first year, the presumption of lack of conformity prevails. This means it is presumed that if a breakdown occurs, it already existed at the time of delivery. Therefore, the buyer only needs to notify the seller of the fault. It is the seller who must prove that the breakdown is due to misuse or normal wear and tear, consistent with the vehicle's age, mileage, and usage.

EXTRA PROTECTION

Commercial Warranty

Optional; does not replace or supersede the statutory warranty, but serves as an additional layer of protection. This is a supplementary warranty that the vehicle seller takes out either for their own protection or to differentiate themselves from the competition.

Up to 5 years. It is standard practice to take out cover for either 12 or 24 months.

Mechanical, electrical, or electronic breakdowns of the insured components of the vehicle, caused by accidental or unforeseen events (excluding wear and tear or faults due to lack of maintenance). This includes both parts and labour costs.

The service is outsourced to a mechanical breakdown insurance provider. They provide the policyholder and the beneficiary with access to their Claims Department, which manages the vehicle's repair at a workshop of the customer's choice or a partner garage. The department handles the claim with the insurance company to ensure the costs are settled.

Recommendations for automotive professionals

  • Manual of contractual best practices
    A complete guide of recommendations and contractual clauses for automotive professionals, aimed at reducing legal risks, preventing claims, and fully complying with consumer regulations.
  • Second-hand vehicle sales contract

    Prepared by GANVAM (National Association of Motor Vehicle Dealers, Repairers, and Spare Parts) and approved by the Directorate-General for Consumer Affairs, it is the reference model for the automotive sector in Spain.

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  • Conformity sheet
    A document signed by both the buyer and the seller at the time of the vehicle's sale, to record in writing its actual and exact condition at the time of delivery.
  • Pre-sale vehicle technical protocol
    A document that outlines the main procedures, checks, and technical tests recommended for automotive professionals prior to the delivery of a used vehicle to the buyer.

How does the legal service work?

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Claim management

Claim declaration under the mechanical warranty insurance through the form.

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Legal warranty management

When a claim is not covered by the commercial warranty, legal warranty management can be requested.

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Legal service

Request for the legal service for automotive professionals, ensuring the continuity of the case file and its documentation.

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Technical-legal report

Preparation of the report to determine the professional's legal liability and the possibility of in-person legal assistance.

Request our legal service

This legal service is exclusive to automotive professionals with mechanical warranty insurance.