Index
What is vehicle conformity according to Spanish law
When non-conformity exists: the four scenarios
The difference between a visible defect and a hidden defect
How to document the vehicle's condition at delivery
The delivery protocol: what needs to be verified and recorded
What happens when the buyer claims a lack of conformity
How to reduce the risk of conformity claims
The European Certificate of Conformity (COC): what it is for and when it is necessary
Dealcar and the sales file documentation
Frequently asked questions
What is vehicle conformity according to Spanish law
The conformity obligation of the professional seller is regulated in Royal Legislative Decree 1/2007 (General Law for the Defence of Consumers and Users), modified by Royal Decree-law 7/2021. It establishes that the seller must deliver the goods in conformity with the contract: with the agreed characteristics, in the described condition and suitable for the intended use.
Check the legal guide to contracts in professional car sales.
Applied to the sale of used cars, this means that the delivered vehicle must match what was described in the contract and in the advertisement: the declared mileage, the presentation condition, the listed equipment, the mentioned extras and the absence of unreported damage. If there are discrepancies between what was promised and what was delivered, a lack of conformity exists which the buyer can claim.
There is no document in Spain called "Acta de Conformidad" (Conformity Certificate) with specific legal value for the sale of used vehicles. What exists is the obligation of conformity as a legal principle and, as a practical consequence, the advisability of documenting the state of the vehicle at delivery so that there is a record of what the buyer received and accepted.
When non-conformity exists: the four scenarios
The law establishes four scenarios in which the seller is considered not to have fulfilled their conformity obligation.
The first is when the vehicle does not have the characteristics of the contract: the listed equipment is not there, the colour is different from the agreed one or the delivered version is different from the sold one.
The second is when the vehicle is not suitable for the specific use that the buyer communicated to the seller before the purchase. If the buyer informed that they needed the car for intensive mileage use and the seller sold them a vehicle whose condition was not suitable for that use, there is a lack of conformity even if the car was in the condition described in the contract.
The third is when the vehicle does not have the quality and performance standard for goods of the same type that the buyer can reasonably expect, taking into account the age and mileage of the vehicle. A car that is 5 years old and has 80,000 km that fails in the engine in the first month of use generates a presumption that the defect existed before delivery, even if the seller did not know it.
The fourth is when the vehicle does not match the description in the advertisement or the sample that the seller provided as a reference. If the ad said "accident-free" and the buyer later discovers that the car has a registered structural repair, there is a lack of conformity even if the car works correctly.
The difference between a visible defect and a hidden defect
This distinction is the most important for the dealership from the point of view of claims management.
A visible defect is one that was observable at the time of delivery: a scratch on the bodywork, a crack in the windscreen, a broken rear light. If that defect was present at delivery and the buyer could see it, they cannot claim it later as something they did not know. The key is that it is documented that the buyer inspected the vehicle at delivery and accepted its condition.
A hidden defect is one that was not detectable in an ordinary inspection at the time of delivery: an internal mechanical problem that shows no visible signs, a poorly documented chassis repair, an electronic defect that manifests under certain conditions. The seller is liable for these defects even if they did not know about them at the time of sale.
The boundary between the two types can be contentious. Advanced clutch wear may be detectable by an expert mechanic at the time of delivery but not by a buyer without technical knowledge. In those cases, the documentation of the vehicle's condition and, if possible, the report of a technical inspection prior to delivery are the best protection.
How to document the vehicle's condition at delivery
Documenting the vehicle's condition at the time of delivery is the most effective tool for managing subsequent claims. Without that documentation, if the buyer claims a defect two months after delivery, the debate is about whether that defect existed before or appeared after: and in the first year, the law presumes it existed before unless the seller proves otherwise.
The delivery document must record: description of the exterior condition of the vehicle indicating visible damage (with photos), exact mileage at the time of delivery, condition of the main wear elements (tyres with tread depth, brakes), operation of the main verified systems (air conditioning, power windows, screen, rear camera), and a declaration that the buyer has inspected the vehicle and accepts it in that condition.
The buyer's signature on that document is what turns the description into an agreement on the condition of the vehicle. Without a signature, the document has value as an internal record but not as proof of buyer acceptance.
Photos of the vehicle at the time of delivery are the necessary complement. A series of photos with registered date and time showing the condition of the vehicle on the day of delivery is difficult to dispute in a subsequent claim.
See also how to structure the stock photography process.
The delivery protocol: what needs to be verified and recorded
The delivery protocol is the structured process that the dealership follows in each delivery to verify the condition of the vehicle and document it before the buyer takes it away.
The elements that should be verified and recorded at each delivery are: exterior condition (bodywork, glass, wheels and tyres), interior condition (upholstery, controls, screen and assistance systems), operation of electrical and electronic systems (lights, air conditioning, central locking, active driving assistants), mileage at the time of delivery, presence of all agreed elements (keys, manuals, spare wheel, tools), and verification that the buyer has received the vehicle documentation (registration certificate, technical sheet, service logbook).
The duration of that protocol in a normal delivery is between 10 and 20 minutes. That time is the best investment the dealership can make to reduce the risk of subsequent claims.
What happens when the buyer claims a lack of conformity
When a buyer claims a lack of conformity within the warranty period, the seller is obliged to offer repair, replacement of the good (in very specific cases), reduction of the price or resolution of the contract, in that order of priority. The buyer can choose among the available options, but the seller has the right to offer the least burdensome solution if several options are feasible.
The first response to any conformity claim should be to request that the buyer bring the vehicle to the dealership so that the problem can be inspected. That inspection can reveal whether the problem existed before delivery or if it is a consequence of subsequent use.
Read also what documentation needs to be verified when buying a second-hand car.
If the defect is clearly pre-existing and covered by the legal warranty, the quickest resolution (repair) is usually the one that generates the least friction. If the defect is ambiguous or if the value of the repair is very high, seeking the support of an independent expert before accepting liability may be prudent.
How to reduce the risk of conformity claims
Reducing the risk of conformity claims starts before the sale, not at delivery.
Describing the vehicle accurately in the contract and in the advertisement is the first step. An ad that says "car in perfect condition" creates expectations that the actual condition of the vehicle may not meet. An ad that describes the vehicle with its real characteristics (including details of wear or minor damage) sets realistic expectations that the buyer accepts upon purchase.
Conducting a technical inspection prior to sale on vehicles with more than 100,000 km or older than 8 years allows the mechanical condition to be identified and documented before the buyer receives it. If there are worn elements or those with a limited lifespan, informing the buyer before the sale eliminates that source of subsequent claim.
Including a known condition clause in the contract indicating that the buyer has had the opportunity to inspect the vehicle and accepts it in the conditions described reduces the scope of what can be claimed as a hidden defect.
Read also what the legal warranty covers and how to use it as a sales argument.
The European Certificate of Conformity (COC): what it is for and when it is necessary
The European Certificate of Conformity (COC) is a completely different document from "vehicle conformity" in the legal sense explained above. It is a technical document issued by the manufacturer certifying that the vehicle complies with European type-approval regulations.
The COC is not necessary for the sale of vehicles between private individuals nor for most operations of a Spanish dealership. It is necessary when importing a vehicle from another EU country and that vehicle needs to be registered in Spain for the first time, or when dealing with a vehicle that was not officially marketed in Spain.
If the vehicle already has a Spanish registration plate or was already registered in Spain at some point, the COC is not necessary to process it. If a vehicle registered in Germany is imported to be sold in Spain, it may indeed be necessary for the Spanish registration process.
See also how to import cars from the EU and manage intra-community VAT.
More than 750 dealerships already use Dealcar to manage their daily operations
Dealcar generates the vehicle delivery document directly from the file of each transaction, with the vehicle data, the condition at delivery and the buyer's signature field. That document remains linked to the file and is available if there is a subsequent claim.
You can see how it works at dealcar.io/gestoria or request a demo at dealcar.io.
Visit the Dealcar dealership management software page.
Frequently asked questions
Is there an official document called "Acta de Conformidad" in Spain for cars?
No. There is no document with that specific name in the Spanish regulation of vehicle sales. What exists is the legal obligation of conformity of the seller and the advisability of documenting the state of the vehicle at delivery. That document can be called "acta de entrega" (delivery report), "protocolo de entrega" (delivery protocol) or simply form part of the sale contract as a clause accepting the vehicle's condition.
How long does the buyer have to claim a lack of conformity?
The period is two years from the delivery of the vehicle (or one year if expressly agreed in writing). Within the first 12 months, defects that appear are presumed to have existed at the time of delivery. From month 12 onwards, the buyer must prove that the defect was pre-existing.
If the buyer signs the contract, do they accept all the defects of the car?
Not necessarily. Signing the contract certifies the agreement on the price and sales conditions, but does not eliminate liability for hidden defects that existed and were not detectable. What it does do is establish the condition of the vehicle as described in the contract as a reference for any subsequent claim.
Is the dealership liable for defects they were unaware of?
Yes, within the legal warranty period. Liability for lack of conformity does not depend on the seller's good faith. If the defect existed before delivery even if the seller did not know it, it is their responsibility. That is why a technical inspection prior to sale is a profitable investment in vehicles with an uncertain history.
