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Legal guarantee: this is the guarantee that all products have in accordance with the law. It is a guarantee of two years in the case of first-hand vehicles. In the case of second-hand vehicles the guarantee could be less than two years but never less than a year. Thanks to this guarantee all elements of vehicles are guaranteed, with the law requirements. The legal guarantee does not need to be registered in a written document. It is only necessary to show the purchase date.
Commercial guarantee: this is the additional guarantee offered by some sellers. It is not an obligatory guarantee and should be a written document. In this case, the guarantee of the vehicle elements will depend on the conditions of the company. The fact of having a guarantee in a written document is usually an advantage because the guarantee coverage is known in advance.
Sellers are in charge of the legal guarantee. Therefore, in case of a faulty vehicle, you have to claim the seller. If the vehicle stops working for some reason such as any damage or malpractice, and the negligence is not the damage cause, the repair is covered by the legal guarantee. Law stipulates that if the damage is not properly repaired you can ask for a new vehicle or for the contract cancellation with the recovery of the money paid.
VEHICLE PURCHASE OUT OF SPAIN
There are good vehicle offers in other Member States, especially if you look for second-hand vehicles; but foreign acquisition of vehicles is not always beneficial. There are many factors to take into account and you need to be informed before making any transaction. Whether you need a new or second-hand vehicle, you have to take into account different aspects for each case. In addition, once you have acquired the vehicle, administrative proceedings are different according to the type of vehicle you have chosen.
1. New vehicles
Before buying a new vehicle, it is important to be sure that the model has been officially approved in the State where you want to register it. If this is not the case, you will not be able to register it. Those vehicles made after 1996 need to have the European approval. The structure of the European approval is the following one:
e6*93/81*0023*00
e European Union
6 Country where the vehicle is approved
1 Germany, 2 France, 3 Italy, 4 The Netherlands, 5 Sweden, 6 Belgium, 9 Spain, 11 United kingdom, 12 Austria, 13Luxemburg, 17 Finland, 18 Denmark, 21 Portugal, 23 Greece, 24 Ireland
93/81 Implementing Directive (it can also be 92/53)
0023 Approval number
00 Modification or initial approval inspection number. The seller has to show the certificate of conformity of the European approval. In it, you can find the vehicle technical characteristics, the vehicle identification number (VIN) and the approval number. This certificate has to be signed by the manufacturer.
Taxes for the purchase of a new vehicle:
The following taxes have to be paid:
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2. Second-hand vehicles
It is necessary to check that all vehicle original papers are available, together with the car insurance, the registration document, the definite registration plate and the technical identification card. These documents guarantee that the vehicle was legal in the origin country, which is a basic condition to register it in Spain. Vehicles sold at auctions, exhibitions or events cannot guarantee all these conditions, and can lead to problems difficult to solve in order to register the vehicle in our country. Vehicles can have the European approval or not. It will depend on the antiquity of them. In case of not having the European approval, the Spanish administration can possibly demand a technical inspection in order to register the vehicle in Spain. This inspection is usually expensive.
Necessary requirements of the first-hand vehicle purchase contract:
Seller’s documentation:
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Purchase contract
- Material data sheet
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Certificate of Conformity with the data sheet
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Issued, sealed and signed guarantee, with the vehicle delivery date. These are necessary requirements to exercise the guarantee right. It is important to take into account that only official car dealers can fill, sign and seal the guarantee. The guarantee has to include the correct vehicle data, the guarantor, the holder of the guarantee, the holder’s rights and the guarantee deadline.
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Post-purchase issued, sealed and signed cheque book. Only official car dealers can fill, sign and seal the guarantee.
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Bill and delivery note with the correspondent date.
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Currency change price certification the day that the vehicle delivery was made in order to pay the taxes to the finance office.
Provisional registration:
A second-hand vehicle can be purchased to a professional or a private individual. Direct purchase to a private individual can be cheaper, but usually does not provide the same guarantees than the purchase to a professional.
If you buy the vehicle to a private individual you should analyse it. If you are not able to do it, a professional has to analyse your vehicle.
We recommend to check the brakes, pneumatics and motor… and to compare your identification number or the number written in the motor with the number of the vehicle identification card. We also recommend adding a clause to the purchase contract that establishes that the contract is subject to the definite registration in the country where the buyer lives.
Necessary requirements of the purchase contract:
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Name and address of both parties, with the seller’s identification
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Delivery place and date of the vehicle
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Chassis number of the vehicle; it should be the same than the property certification number.
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Statement in which the seller confirms that the vehicle is not a stolen vehicle and that it has not been taken in an accident. The seller also has to state which the brand, the model and the spare parts are.
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Signature of both parts
Seller’s documentation: (again):
These are necessary requirements to exercise the guarantee right in the future. The guarantee has to include at least the object of it: (the correct vehicle data), the guarantor, the holder of the guarantee, the holder’s rights and the guarantee.
If the vehicle is acquired by means of an intermediate the guarantee is valid the day the seller delivers the vehicle to the intermediate. The period of time between the delivery and the purchase may be long.
In this case we recommend not giving money in advance before seeing and examining the vehicle.
If you are going to move the vehicle form the country where you have purchased it to Spain, you need to have the following documents:
Second-hand vehicle insurance; second-hand vehicles are already registered and have a public liability insurance, so you can temporally use the former owner’s insurance (if the registration country does not change).
If you want, you can submit us your case: members / non-members
Taxes depend on who is the seller of the vehicle:
If the seller is a private person: the purchase is subject to the tax on capital transfers and documented legal acts that have to be paid in the destination country.
- If the seller is a private person: the purchase is subject to the tax on capital transfers and documented legal acts that have to be paid in the destination country.
- If the seller is a businessman engaged in an occupation: you should pay the value added tax (VAT) in the origin country. In this case we have to distinguish between two different situations:
- If the seller is a private individual: the VAT breakdown should be included in the bill (though the bill can be admitted without the VAT breakdown)
- If the seller is not a private individual (a self-employed person, for example): in this case it will depend on the foreign seller; he can accept the scheme for used goods or the general scheme and the regulation of these schemes in the country where the purchase is made.
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The scheme for used goods: it is possible that the administration of the purchase country does not allow the buyer to recover the VAT (which is the case of Germany, for example)
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General scheme: the buyer can recover part of the VAT in the country where he lives
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The registration tax
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Vehicle excise duty
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