Best Auto Dealer Fraud Lawyers in Gondomar

About Auto Dealer Fraud Law in Gondomar, Portugal

Auto dealer fraud in Gondomar refers to unlawful or unfair practices by professional vehicle sellers that mislead or harm buyers. Typical issues include hiding serious defects, rolling back odometers, misrepresenting prior accident or flood damage, advertising features the car does not have, refusing to honor a legal warranty, or inserting unfair contract clauses. Portuguese consumer law applies in Gondomar and offers strong protections when you buy from a licensed dealer. These rules give you rights to repair, replacement, price reduction, or contract termination when the vehicle is not as promised or has hidden defects that affect normal use, safety, or value.

Why You May Need a Lawyer

You may need a lawyer if the dealer refuses to repair a defect covered by the legal warranty, if a serious fault appears shortly after purchase and the seller denies responsibility, or if evidence suggests odometer tampering or undisclosed crash damage. A lawyer can assess whether the issue amounts to lack of conformity under consumer law, advise on remedies, and formally demand compliance.

Legal help is also useful when contracts contain unclear or unfair terms about warranty duration for used cars, when the dealership pressures you to waive rights, or when financing and add-ons were mis-sold. If you purchased through dealer-arranged credit, a lawyer can evaluate linked credit rules that may allow action against the lender if the sales contract is unwound.

If informal complaints and the complaints book do not resolve the dispute, a lawyer can represent you in negotiation, consumer arbitration, or court in the Porto region, and help you gather expert evidence on mechanical or structural defects.

Local Laws Overview

Consumer protection in Portugal is set out in the Consumer Protection Law and in specific legislation for the sale of consumer goods. For vehicles sold by professional dealers to consumers, Decree-Law 84-2021 establishes a legal framework for lack of conformity, remedies, and guarantees. For new goods the legal guarantee is generally three years. For second-hand goods the parties may agree in writing to reduce the guarantee period, but never below 18 months. These rules apply to Gondomar.

If the car has a lack of conformity that existed at delivery, the consumer has the right to have the vehicle brought into conformity without cost. The usual remedies are repair or replacement, chosen by the consumer unless impossible or disproportionate. If repair or replacement is impossible, not completed within a reasonable time, or the same defect recurs, the consumer may seek a price reduction or terminate the contract, returning the car and receiving a refund. The seller must handle remedies without charge and without significant inconvenience to the buyer.

For distance or off-premises sales, Decree-Law 24-2014 gives consumers a cooling off right to withdraw within a short period, which can apply to vehicles purchased online or outside the dealer premises. There is no general cooling off right for on-premises showroom purchases.

Misleading advertising and omissions in car listings are prohibited by the Advertising Code, and what is advertised forms part of the contract. Criminal law punishes fraud and document falsification, which can be relevant in cases of kilometer manipulation or forged service histories.

Dealers must be properly established businesses, issue VAT invoices, keep a complaints book, and provide all mandatory car documents such as the vehicle registration document, valid inspection certificate, and the warranty terms in Portuguese. Inspections required by roadworthiness rules do not replace the seller’s warranty obligations.

Enforcement and support bodies include ASAE for economic and advertising infractions, the Directorate General for Consumers, and regional consumer arbitration centers that handle many disputes. Courts in the Porto district remain available when settlement or arbitration is not used. Short legal time limits can apply, so prompt action is important.

Frequently Asked Questions

What counts as auto dealer fraud in Gondomar?

Fraud includes misleading statements or omissions about the car’s condition, prior accidents, kilometers, ownership, or features, and refusing to honor the legal warranty. It also covers practices like advertising a vehicle as accident free when structural repairs exist, or altering odometer readings. Even without criminal intent, a lack of conformity under consumer law can trigger your civil remedies.

What warranty applies when I buy a used car from a dealer?

Used vehicles sold by professional dealers to consumers benefit from a legal guarantee. By law the guarantee can be reduced by written agreement for used goods but never below 18 months. If nothing is agreed, the longer default period in consumer law applies. The guarantee covers defects or nonconformities that were present at the time of delivery, even if discovered later.

Can a dealer exclude the legal guarantee on a used car sold as is?

No. Clauses that waive or unduly limit mandatory consumer rights are generally void. A dealer can only reduce the duration for a used car within the legal limits and must do so expressly in writing. Selling as is does not remove the duty to deliver a car that conforms to the contract and is free from hidden defects that impair normal use or safety.

What if a serious defect appears soon after I buy?

Notify the dealer in writing, describe the symptoms, and request repair under the legal guarantee. Provide photos, videos, and any expert report if available. The seller must remedy the lack of conformity without charge and within a reasonable time. If repair is impossible, unreasonably delayed, or fails repeatedly, you may seek a replacement, a price reduction, or contract termination with a refund.

Do I have a cooling off period to return the car?

Only if the purchase was a distance contract or concluded off premises, such as online with home delivery or finalized outside the dealership. In those cases consumer law grants a withdrawal right for a limited period, subject to legal conditions. Purchases made at the dealer’s premises in Gondomar do not have a general cooling off right.

How can I prove odometer tampering or hidden damage?

Collect the inspection history, prior service records, and any available reports from official inspections. Ask for the vehicle’s maintenance book and invoices. Compare advertised kilometers with historical records. A mechanical or bodywork expert can assess wear patterns and structural welds. Keep screenshots of ads and all communications with the dealer.

The dealer refused to repair. What can I do?

Send a formal registered letter invoking your rights under Decree-Law 84-2021 and setting a reasonable deadline for repair. Use the physical or electronic complaints book. Contact the local consumer arbitration center to attempt alternative dispute resolution. If needed, escalate to ASAE for regulatory issues and consult a lawyer to prepare a court claim or arbitration request.

What happens if I bought the car using dealer-arranged finance?

Consumer credit rules recognize linked credit. If the sales contract is legally terminated for lack of conformity or misrepresentation, the linked finance can often be unwound as well. Inform the lender in writing and seek legal advice so that payments, interest, and the return of the vehicle are handled correctly.

Are private sales covered by the same consumer protections?

No. Purchases from private individuals are not covered by the consumer goods regime. You still have rights under the Civil Code for hidden defects and misrepresentation, but remedies and time limits differ and are usually narrower than when buying from a dealer. A pre purchase inspection is especially important for private sales.

How quickly must I act?

Act promptly. Guarantee periods run from delivery and specific deadlines can apply for enforcing your rights. Early written notice, preserving evidence, and seeking expert assessment strengthen your position. If you delay, the dealer may argue that the defect arose from misuse or normal wear.

Additional Resources

ASAE - Autoridade de Segurança Alimentar e Económica. Market surveillance and enforcement of economic and advertising rules. Receives complaints from the complaints book and can inspect dealers.

Direção-Geral do Consumidor. Government body that informs consumers about rights, provides guidance materials, and coordinates the alternative dispute resolution network.

Centro de Arbitragem de Consumo do Porto. Regional consumer arbitration center that handles many dealer-buyer disputes for the Porto area, including Gondomar.

DECO - Associação Portuguesa para a Defesa do Consumidor. Independent consumer association that offers information and assistance to members on car purchases and warranties.

IMT - Instituto da Mobilidade e dos Transportes. Public authority for vehicle registration procedures, technical matters, and roadworthiness inspections information.

Instituto dos Registos e do Notariado - Registo Automóvel. Registry for vehicle ownership documents and records relevant to transfer and encumbrances.

Next Steps

Stop and document the problem immediately. Write down symptoms, when they occur, and any warning lights. Take photos or videos. Keep copies of the advertisement, the contract, the invoice, the warranty document, inspection certificate, and service records.

Notify the dealer in writing and request repair or another suitable remedy under Decree-Law 84-2021. Set a clear but reasonable deadline and ask how the dealer will handle towing, diagnosis, and costs. Keep all communications in writing.

Use the complaints book if the dealer does not respond or you disagree with the proposed solution. File both the physical complaints book entry at the premises or the electronic version. This alerts ASAE and creates an official record.

Seek an independent expert opinion if the defect is disputed. A mechanic or bodywork specialist can identify hidden structural damage, flood exposure, or signs of tampering that support your claim.

Consider consumer arbitration in the Porto region to reach a faster, low cost decision. Many disputes settle at this stage. If settlement fails, consult a lawyer to evaluate court action, especially if the vehicle is unsafe or the loss is significant.

If you financed the purchase through the dealer, notify the lender about the dispute. Ask your lawyer about linked credit so that your finance obligations reflect the status of the sales contract.

Do not authorize repairs at your own expense without first giving the dealer a chance to repair, unless there is an urgent safety risk. Keep all invoices and parts for potential reimbursement and evidence.

Act within legal time limits. Even strong cases can be weakened by delay. A local lawyer who knows Portuguese consumer and motor trade rules can help you choose the best remedy and move quickly.