Warranty and guarantee on used cars: your rights
On a used car from a dealer the statutory warranty of 2 years applies, reducible to 1 year by separate agreement; during the first 12 months the dealer must prove that a defect was not present at purchase. A guarantee, by contrast, is a voluntary extra service with its own terms.
As of: July 2026, legal position since 2022
What is the difference between warranty and guarantee?
The statutory warranty is your legal claim against the seller for defects already present at handover; it cannot be excluded on a dealer sale. A guarantee is a voluntary, contractually defined extra service by dealer or manufacturer, often with deductibles and exclusions. Both exist side by side.
| Statutory warranty | by law, against the seller, for defects from handover |
| Guarantee | voluntary, contractually defined, often with exclusions and deductibles |
How long is the dealer warranty?
In principle 2 years from handover. On used cars the dealer may reduce the period to 1 year, but since the 2022 sales law reform only through an explicit, separate agreement in the contract, no longer via the small print. A dealer may never exclude the warranty entirely towards private buyers.
Who must prove the defect existed at purchase?
During the first 12 months after handover, the dealer: since 2022 the law presumes in favour of the buyer that an emerging defect was already present at handover (section 477 of the civil code); the dealer must prove the opposite. After that the burden of proof flips. Many older guide pages still cite the former 6 months.
Worn part broken: does the dealer have to pay?
The condition at handover decides: normal, age-typical wear is not a defect, but a part already excessively worn or broken at handover is. During the first 12 months the reversed burden of proof helps you, and the dealer may usually repair twice before withdrawal or price reduction become possible.
Is there a 14-day right of return when buying a car?
Not for on-site purchases: a general right of return does not exist when buying a car; withdrawal requires a substantial defect and failed repair attempts. Only for pure distance sales, meaning the contract was concluded entirely online or by phone with a dealer, does the 14-day withdrawal right apply.
Must the seller disclose accident damage unasked?
Yes: genuine accident damage must be disclosed unasked, with only trivia such as tiny paint scratches excepted. Dealers must also disclose properly repaired previous damage, private sellers everything known to them. Concealing accident damage is fraudulent misrepresentation; then rescission, withdrawal and damages are possible despite any warranty exclusion.
General information without guarantee, no legal advice for individual cases. Fees and procedures vary by registration office and insurer.