Best Motor Vehicle Defect Lawyers in Bombarral

About Motor Vehicle Defect Law in Bombarral, Portugal

Motor vehicle defect law in Bombarral, Portugal, addresses issues related to the sale and operation of vehicles that are found to have faults or fail to meet legal safety and quality standards. These laws are largely derived from broader Portuguese consumer protection and civil liability statutes, supplemented by European Union directives. If you have bought a new or used vehicle in Bombarral and discover defects that affect its use, safety, or value, you have specific legal rights concerning repair, replacement, or compensation.

Why You May Need a Lawyer

Legal assistance can be crucial if you are navigating a dispute over a motor vehicle defect. Common situations where a lawyer can be helpful include:

• Discovering serious faults soon after purchase, especially if the seller refuses repairs or denies liability.
• Involvement in accidents caused by vehicle defects.
• Disputes regarding warranty coverage or manufacturer responsibilities.
• Cases where insurers deny claims based on alleged pre-existing defects.
• Situations where a used vehicle dealer misrepresents the vehicle's condition.
• Seeking compensation for financial losses or injuries resulting from vehicle defects.

Local Laws Overview

In Bombarral, motor vehicle defect law is guided by the Portuguese Civil Code, Consumer Protection Act, and EU regulations. Key points include:

• Legal Guarantee: New vehicles come with a minimum two-year legal guarantee. Used vehicles have a minimum one-year guarantee if bought from a professional seller.
• Seller Obligations: Sellers must provide vehicles free from hidden defects and fit for intended use.
• Buyer's Rights: Buyers can request repair, replacement, reduction in price, or contract termination if defects are found within the guarantee period.
• Burden of Proof: Within the first six months, defects are presumed to have existed at the time of delivery unless proven otherwise by the seller.
• Remedies: If repairs are unsuccessful or not timely, buyers can seek contract reversal or compensation.
• European Type Approval: Vehicles must meet safety standards before sale, and recalls are issued for widespread defects.

Frequently Asked Questions

What qualifies as a motor vehicle defect under Portuguese law?

A defect is any fault or issue that makes the vehicle unsuitable for normal use, poses safety risks, or lowers its market value, excluding normal wear and tear.

What is the legal warranty period for vehicles?

New vehicles have a two-year mandatory warranty from the delivery date. Used vehicles have a one-year warranty if purchased from a dealership or business.

Can I return a car if it has a serious defect?

Yes. If a defect is significant and cannot be repaired in a reasonable time, you may have the right to rescind the contract and reclaim your money.

What should I do if the seller denies the defect exists?

Document the problem, seek an independent mechanic’s report, and formally notify the seller. If unresolved, consult a lawyer for legal recourse.

Does the guarantee apply to private sales?

Guarantees usually apply to sales by businesses. In private sales, the buyer has limited rights and must prove the seller concealed serious defects.

Am I entitled to a replacement vehicle during repairs?

The law does not require providing a replacement vehicle, but some sellers do so as customer service. Check your contract or ask the seller directly.

Can I claim compensation for injuries from a defect?

Yes. If a vehicle defect causes injuries, you may claim compensation from the seller, manufacturer, or insurer depending on liability.

Is there a time limit to report a defect?

Defects must be reported to the seller within two months of discovery to preserve your rights under the guarantee.

Who pays for repairs under the guarantee?

If the defect is covered, the seller or manufacturer must pay all costs associated with necessary repairs during the guarantee period.

What happens if my car is subject to a safety recall?

You should be notified by the manufacturer or dealer and offered a free repair. Always follow up promptly for safety reasons.

Additional Resources

Consider contacting the following entities for support and information:

• Direção-Geral do Consumidor (DGC): The national consumer protection authority.
• Autoridade de Segurança Alimentar e Económica (ASAE): Responsible for market supervision, including vehicle sales.
• Imprensa Nacional Casa da Moeda (INCM - IMT): Agency responsible for vehicle registration and roadworthiness.
• European Consumer Centre (Centro Europeu do Consumidor): Assistance with cross-border vehicle purchases and disputes.
• Automóvel Club de Portugal (ACP): Offers technical advice and legal information for motorists.
• Local lawyers and associations in Bombarral: Many specialize in consumer and automotive law.

Next Steps

If you believe you have a claim relating to a motor vehicle defect in Bombarral:

• Gather all documents, including sales contracts, repair invoices, and correspondence.
• Request an independent technical assessment of your vehicle.
• Formally notify the seller or manufacturer in writing about the defect.
• Seek advice from a specialist lawyer or local legal association with experience in motor vehicle defect cases.
• Explore out-of-court dispute resolution, but be prepared to initiate legal proceedings if necessary.