Websites like eBay and apps like Wallapop have brought second-hand shopping back into fashion . Now you can advertise more easily than ever the clothes you don't wear, the toys that were forgotten, the bike left behind ... But when you buy something used from a private party , what guarantees do you have? Actually, there is no guarantee as such in sales between individuals. What does exist is the right to claim, which is subtly different, but not the same. Remember what your rights are when buying something in a store: even if it is something used, if it is the store who invoices you, your rights are maintained. The thing changes when buying from an individual, unless it is a clear deception.
Six months ... how do I claim?
The law as we said does not protect the buyer with any "guarantee", but it does give him the right to claim. Up to six months after the sale, the buyer can claim the seller . For this, the product must have a serious defect, which makes it impossible to use it as planned. And, in that case, the claim must be through the courts: if it is more than 2,000 euros, a lawyer and a solicitor will be needed. And a professional expertise to show where the fault is and its seriousness, which can easily add 500 euros to the initial invoice. These processes tend to be quick (the trial comes two or three months after the lawsuit) but only go well for the claimant (buyer) if the ruling is very clear.
It is important to be clear that this possible failure to be able to claim must be serious. And also it could not be evident at the time of purchase , that is why we speak of "hidden faults" or "hidden defects". If it was something that we saw and we did not give it importance, the judge may consider that we accepted it when we bought it. Especially if the sale price was somewhat lower than the market price. The law, by the way, discriminates when the complainant is supposed to be an expert: a computer scientist should know if he buys a defective computer, or a mechanic a car.
Common in cars and motorcycles
The truth is that it is rare that these types of claims are made for something other than a vehicle. But in that case (a car or a motorcycle) there are quite a few lawsuits in court. Furthermore, due to its complexity in these cases it is possible that it is justified. And when we talk about "hidden", that includes the seller not knowing. It does not mean that he hid it or deceived us (although it is also possible).
For example, a car whose engine usually has a certain breakdown that is normally fixed under warranty. If the sale is made before repairing it and out of warranty, and that "endemic" fault appears, the seller will surely have to face the repair (voluntarily or after the judicial process). And that can happen without the seller knowing that the car he sold had that possible fault. The same could happen with a computer or tablet that has been discovered a fault recognized by the brand (the case of certain Nvidia chips years ago, for example).