Your car is broken or works poorly
Bilen är trasig eller fungerar dåligt - Engelska
When you buy a car from a company, you have the right to file a complaint on so-called original defects. These rules apply regardless whether the car is new or used and if you received a warranty or not.
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Three years to complain about defects
When you as a private person buy a car from a company, according to the Consumer Sales Act, you have the right to file complaints on so-called original defects for up to three years from the purchase. Original defects are defects that were already there when you bought the car, even if they in some cases appear later. These rules apply to both used and completely new cars and regardless of whether you received a warranty or not. An additional warranty can, however, increase the time you have to file complaint on defects.
File complaint within two months
It is important that you file a complaint on the defect within two months from when you discovered or should have discovered the defect to be certain that you can make demands of the car dealer. If you wait longer than that, you may lose your right to demand anything from the company.
Varying degrees of protection depending on how much time has passed since the purchase
How much protection you have depends on how much time has passed since the purchase.
Purchases before 1 of May 2022
Defects that become apparent in the first six months from the purchase are automatically considered to be original defects and thereby defects that the company must fix. It is enough that you can show that there is a defect, for example that the car does not work. The car dealer must be able to show that the defect is your fault or that the defect is normal considering the car’s condition to avoid liability.
After six months
When more than six months have passed from the purchase, it is you who needs to be able to show that the defect was original to be able to demand action from the dealer. But always try to contact the company first to see if they are willing to solve the problem.
In order to prove that the defect is original, you can get help from an expert in the field and turn the car in for an investigation. An expert can, for example, be somebody who works at a workshop or an inspection company. Ensure to get a possible opinion in writing so that you have evidence of what is wrong.
Purchases after 1 of May 2022
Defects that become apparent in the first two years from the purchase are automatically considered to be original defects and thereby defects that the company must fix. It is enough that you can show that there is a defect, for example that the car does not work. The car dealer must be able to show that the defect is your fault or that the defect is normal considering the car’s condition to avoid liability.
After two years
When more than two years have passed from the purchase, it is you who needs to be able to show that the defect was original to be able to demand action from the dealer. But always try to contact the company first to see if they are willing to solve the problem.
In order to prove that the defect is original, you can get help from an expert in the field and turn the car in for an investigation. An expert can, for example, be somebody who works at a workshop or an inspection company. Ensure to get a possible opinion in writing so that you have evidence of what is wrong.
The car’s age and condition affect your rights
The car’s condition, meaning age, price, mileage and expected lifespan, affects the demands you can make on the car dealer. For example, if you buy an older car, there may be defects that are normal considering the car’s condition. You cannot demand that the car dealer fix these kinds of defects. But if the car is in worse condition than you could have expected, considering its age, price, mileage and expected lifespan, you can file a complaint.
You should always be able to expect the car to be roadworthy when you buy it unless, for example, the car dealer informed you that the car is a fixer-upper and needs to be towed from the dealership.
What can you demand from the car dealer?
The Consumer Sales Act determines what demands you can make of the car dealer.
Firstly: that the car dealer repair the defect
You can first demand that the car dealer repair the car free of charge or give you another, equivalent car. If you bought a used car, the car dealer usually suggests a repair since it is most often less expensive and easier than giving you another car that is equivalent. Even if you would prefer to return the car and get your money back, the car dealer most often has the right to try to repair the defect.
For the car dealer to have the right to repair the car, it is required that they can make the repairs within a reasonable amount of time and at no cost to you.
Secondly: that you receive a price reduction
The price reduction should match the defect, such as what it costs to have the defect fixed by another company.
Thirdly: that you can revoke the purchase
A revocation means that the purchase is annulled, in other words that you return the car and get your money back. In order for you to have the right to revoke the purchase, the defect must be serious and of major significance, or the car dealer must have tried to correct the defect several times without succeeding.
Repair time and number of repair attempts
By law, the car dealer must repair the defect within a reasonable amount of time. What a reasonable amount of time is has to be judged case by case, and depends, among other things, on what kind of defect it is and your need to have the car fixed. If you have been offered a replacement car on temporary loan, a longer repair time may be OK.
Normally, the car dealer has two attempts to fix the same defect. If the same defect arises a third time, you may have the right to refuse more repair attempts and instead demand that the purchase is revoked. If you and the car dealer do not agree, you need to have evidence that it concerns the same defect as before.
Replacement car on temporary loan and compensation for costs
If you have to have a car during the repair time, the dealer should offer you a replacement car on temporary loan. If they cannot offer a replacement car, you may be entitled to compensation to, for example, travel by public transport or to hire a car. Remember that it is your responsibility to limit the costs that arise.
The car being defective shall not entail any extra costs to you – it is the car dealer who shall bear the cost of fixing the defect and any additional expenses. Examples of costs that can arise in connection with a defect are:
Costs because you were forced to drive to the car dealer or workshop
Costs for towing
Costs for alternative transportation, such as by bus or train
Re-inspection costs or troubleshooting charges
You cannot get compensation for the trouble or the time you spend filing complaint on the defect. You need to be able to present documentation, such as receipts or invoices, on what costs you have had and the costs must be reasonable and have a direct connection to the defect.
Contact the car dealer to file complaint
After you have discovered a defect, it is important that you contact the car dealer as soon as possible to give them the chance to investigate and fix the defect. You must always turn to the car dealer you bought the car from. The car dealer usually needs to inspect the car to be able to decide what needs to be done. It also might not be clear what caused the defect.
It is always good to have written documentation, such as emails or text messages, that shows that you contacted the car dealer to file complaint. Then, it is also easy to prove when you filed complaint.
If you and the car dealer do not agree
If you need guidance, you can contact Hallå konsument [Hello Consumer]. We are a national information service that can provide information on your rights and what options you have to make progress. We provide independent guidance and therefore cannot assess your individual matter, resolve disputes or contact companies for you.
Contact information to Hallå konsument
If you and the company do not agree, you can in many cases file a report with the National Board for Consumer Disputes (ARN) to have the dispute tried. Keep in mind that it can be good to get an opinion from a third party that can certify what is wrong before you turn to ARN.
Read more about filing a report on the ARN website
To be able to file a report to ARN, the company must have said partly or entirely no to your requirement, or has not responded at all.
Source: Konsumentverket
Proofread: 9 February 2022