Best Auto Dealer Fraud Lawyers in Villares de la Reina

About Auto Dealer Fraud Law in Villares de la Reina, Spain

Auto dealer fraud refers to deceptive or unfair practices in the sale of vehicles, such as hiding serious defects, rolling back odometers, misrepresenting accident history, refusing to honor legal warranties, or imposing abusive contract terms. Villares de la Reina is under the jurisdiction of the province of Salamanca and the Autonomous Community of Castilla y León, so national Spanish consumer law applies, complemented by regional consumer protection services. Whether the vehicle is new or used, if you buy from a professional dealer you are protected by the Ley General para la Defensa de los Consumidores y Usuarios and related regulations. These laws prohibit misleading advertising, require transparent information, and impose legal warranty duties on dealers.

Fraud can be civil, administrative, or in serious cases criminal. For example, odometer tampering or knowingly selling a car with concealed structural damage may constitute criminal fraud, while failing to disclose a known engine fault or refusing to honor a legal warranty can trigger civil liability and consumer law sanctions. Buyers in Villares de la Reina can seek help from local consumer offices in Salamanca, regional consumer authorities of Castilla y León, and the courts of Salamanca.

Why You May Need a Lawyer

You may need a lawyer if the dealer will not cooperate, the defect is serious, or the financial stakes are high. Common situations include discovering a serious hidden defect shortly after purchase, the dealer denying warranty coverage, evidence of odometer rollback, refusal to return a deposit, or high pressure add-ons and finance mis-selling. A lawyer can assess which legal route is best, negotiate with the dealer, preserve your rights under consumer guarantees, prepare expert evidence, deal with a linked finance company, and file claims in court or represent you in consumer arbitration. Legal guidance is especially useful where you seek rescission of the sale with a refund, a significant price reduction, or damages, or where you must stop payments on a linked credit agreement.

If you bought from a private individual rather than a dealer, a lawyer can advise whether to pursue a Civil Code hidden defects claim, which has shorter deadlines and different proof rules than consumer warranty claims.

Local Laws Overview

Consumer sales by dealers are governed by the Ley General para la Defensa de los Consumidores y Usuarios. This law requires that vehicles conform to the contract and to public statements such as advertisements. If a lack of conformity appears, the consumer is entitled to remedies. Typically you can require repair or replacement first. If repair or replacement is impossible, disproportionate, or not completed in a reasonable time without major inconvenience, you may seek a price reduction or rescission of the contract with a refund upon return of the car. Dealers cannot exclude or limit these statutory rights with contract clauses such as sold as is. Commercial warranties offered by the dealer are in addition to the legal guarantee.

Legal guarantee periods differ for new and used vehicles. New vehicles sold by dealers have a longer legal guarantee. Used vehicles sold by dealers must have at least a one year legal guarantee. During the initial part of the guarantee period a defect that appears is presumed to have existed at delivery unless the dealer proves otherwise, which helps consumers with early failures. When a vehicle is under repair for a covered defect, the guarantee clock is paused for the time the car is in the workshop.

Hidden defects actions under the Civil Code apply to any sale, including between private parties, and allow claims for vicios ocultos that make the car unfit for its intended use or that significantly reduce its utility. This action has a short six month time limit from delivery, so quick assessment is important. Between a dealer and a consumer, consumer law is usually more favorable, but a lawyer may invoke both frameworks if helpful.

Odometer rollback and falsifying a vehicle’s condition can constitute criminal fraud under the Spanish Criminal Code, as well as unfair commercial practice under consumer law. Mileage readings are recorded at periodic ITV inspections under Royal Decree 920 2017 and stored with the Dirección General de Tráfico, which can help identify discrepancies.

Deposits and reservation agreements often use arras. If the contract specifies arras penitenciales under Civil Code article 1454, the buyer may withdraw and lose the deposit, and if the seller withdraws, they must return double the deposit. If the clause is not clearly penitential, different rules apply. Seek advice before paying or forfeiting a deposit.

If the car is financed with a linked credit agreement, consumer credit law provides a 14 day right to withdraw from the credit. In linked transactions, cancellation or rescission of the sale can justify termination of the financing. Communicate quickly with the finance company if you discover fraud or serious non conformity.

For dispute resolution, you can use the official Hoja de Reclamaciones to file a consumer complaint. The Sistema Arbitral de Consumo in Castilla y León offers free arbitration if the dealer adheres to it. Otherwise, claims can proceed before the Juzgados de Primera Instancia in Salamanca. Small consumer claims up to 2,000 euros can proceed without mandatory lawyer or procurador, while claims above that threshold generally require representation. Consumers typically may sue in their domicile.

Frequently Asked Questions

What counts as auto dealer fraud in Spain?

Fraud includes conduct such as concealing serious defects, rolling back the odometer, misrepresenting accident or ownership history, advertising features the car lacks, refusing to honor the legal guarantee, charging for add ons you did not accept, or using abusive terms. Some actions are civil wrongs, others may be criminal.

What is a hidden defect or vicio oculto?

A hidden defect is a serious problem that existed at the time of sale, was not apparent on normal inspection, and either makes the vehicle unfit for ordinary use or substantially reduces its value. Examples include significant engine, gearbox, structural, or flood damage that the buyer could not reasonably detect before purchase.

What warranty do I have on a used car bought from a dealer?

For consumer purchases from a professional dealer, the legal guarantee for used cars must be at least one year. Contract terms cannot reduce it below the legal minimum. If a defect appears within the guarantee period, you can demand repair, and if repair is not possible or timely, a price reduction or rescission with a refund. Keep all communications and service records.

Is there a presumption that early defects were pre existing?

Yes. In consumer sales, defects that appear early in the guarantee period are presumed to have existed at delivery unless the dealer proves misuse or other causes. This presumption shifts the evidentiary burden to the dealer in the initial period, which is especially relevant for used vehicles during the first year after delivery.

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

If you bought on the dealer’s premises, there is generally no automatic cooling off period to return the car. You do have statutory remedies for lack of conformity or fraud. If you signed a linked consumer credit agreement, you have a 14 day right to withdraw from the credit, but that does not itself cancel the car purchase unless legal grounds to rescind the sale exist.

How quickly must I act if I discover a defect?

Act immediately. Notify the dealer in writing, document the defect, and stop using the vehicle if advised by an expert. For Civil Code hidden defects, the deadline to bring the action is six months from delivery. For consumer guarantee remedies, act within the legal guarantee period and without undue delay after discovering the problem. Early action strengthens your position and preserves evidence.

Can I get my money back?

Rescission with a refund is possible when the lack of conformity is serious and repair or replacement is impossible, disproportionate, or not completed within a reasonable time without significant inconvenience. The usual sequence is repair or replacement first, followed by price reduction or rescission if the initial remedy fails. A lawyer can help evaluate proportionality and the best remedy to request.

What if the dealer refuses to repair under warranty?

Put your request in writing, set a reasonable deadline, and consider obtaining an independent expert report. You can file a consumer complaint using the Hoja de Reclamaciones, seek mediation or arbitration if the dealer adheres to the Sistema Arbitral de Consumo, and escalate to court if needed. If there is linked financing, inform the credit provider in writing.

How do I prove odometer rollback or misrepresentation?

Request the DGT vehicle history, review ITV mileage records, collect advertisements and messages, obtain a diagnostic scan or mechanic report, and compare service book entries and stickers. Large discrepancies or tampered components can support civil claims and, in serious cases, a criminal complaint.

What are my rights regarding deposits and reservation fees?

Read the deposit clause carefully. If it explicitly states arras penitenciales, the buyer can withdraw and lose the deposit, while the seller must return double if they withdraw. If the clause is confirmatory and not penitential, different legal effects apply and you may claim performance or damages. When in doubt, seek legal advice before paying or agreeing to forfeit a deposit.

Additional Resources

Oficina Municipal de Información al Consumidor in Salamanca. This municipal office helps consumers from Villares de la Reina with complaints, the official Hoja de Reclamaciones, and mediation guidance.

Junta de Castilla y León - Servicios de Consumo. The regional consumer authority provides oversight, inspection, and information on consumer rights and sanctions for unfair practices.

Junta Arbitral de Consumo de Castilla y León. The official Consumer Arbitration System offers a free, fast, and binding alternative to court if the dealer adheres to arbitration.

Dirección General de Tráfico. You can request vehicle history reports that include ITV mileage records and administrative status, useful for detecting discrepancies.

Estaciones ITV in Salamanca province. ITV records can help verify mileage and note relevant observations about the vehicle’s condition.

Colegio de la Abogacía de Salamanca. The local bar association can help you find a lawyer experienced in consumer and auto matters.

Consumer associations such as OCU and FACUA. These organizations offer guides, checklists, and support for consumer disputes.

Guardia Civil and Policía Nacional. For suspected criminal fraud, you can file a denuncia with law enforcement.

Next Steps

Collect documents. Gather the purchase contract, invoices, any financing agreement, ads or screenshots, pre sale communications, the service book, ITV cards, and repair invoices. Take photos or videos of defects and keep a log of symptoms and dates.

Get a preliminary diagnosis. Ask an independent mechanic to assess the issue and prepare a written report. An expert report can be decisive in both negotiations and court.

Notify the dealer in writing. Describe the defect, attach proof, invoke your legal guarantee or hidden defects rights, and request a specific remedy such as repair within a reasonable time. Send your notice in a traceable way and keep copies.

Use consumer protection channels. Request and complete the Hoja de Reclamaciones at the dealership or submit a complaint to the OMIC in Salamanca. If the dealer adheres to the Sistema Arbitral de Consumo, consider filing for arbitration.

Inform the finance company if the purchase is on credit. In linked credit, notify the lender of the dispute and seek coordinated solutions, including possible suspension or termination consistent with the resolution of the sale.

Consult a local lawyer. A lawyer can evaluate whether to pursue consumer warranty remedies, a hidden defects claim, unfair practices, or criminal fraud, and can negotiate a settlement or file a lawsuit in the Salamanca courts. Ask about time limits, evidence needs, costs, and likely outcomes.

Act promptly. Deadlines can be short, especially for hidden defects. Early action improves your options for repair, refund, or price reduction and helps preserve your rights under Spanish consumer law.