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es_Case Details

es_Case Details
es_National ID Provincial Court, Málaga, Judgment 178/2017
Estado miembro España
es_Common Name SAP, Málaga, 178/2017
es_Decision type es_Court decision in appeal
es_Decision date 31/03/2017
Órgano jurisdiccional Provincial Court, Málaga
Asunto
Demandante
Demandado
Palabras clave Purchase of second hand vehicle, warranty period, consumers and users, hidden defects.

Consumer Sales and Guarantees Directive, Article 1

ECLI: ECLI:ES:APMA:2017:545


Consumers and users: second-hand vehicle purchase with an engine failure, which appears within the warranty period between the parties. Absence of force majeure or misuse. Condemnation to the engine replacement and the payment of the expenses of the vehicle in the garage and the depreciation value.

The parties entered into a contract whereby the plaintiff acquired a second-hand vehicle whose engine had failed several times but which the defendant had not communicated to the plaintiff.

Once the sale was made, took a few months the engine to break down in a definite manner, and while still in the agreed guarantee period. The plaintiff requested the defendant to cover the cost of replacing the engine, as well as proceeding to the payment of the difference for depreciation of the vehicle.

Claimant's liability for misuse of the vehicle or liability of the defendant for concealment of defects in the vehicle's engine.

The defendant was condemned for concealment of defects in the vehicle’s engine, which must comply with what was agreed in the contract and with the agreed warranty and, therefore, the payment of the costs of stay, repair, and removal of the vehicle, as well as compensation for underestimation of the vehicle.

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The Provincial Court dismissed the appeal.