Car defects

A car requires regular care and maintenance. Your responsibility is to take care of a car properly and to use it according to instructions. The seller, on the other hand, is responsible for any defects as referred to in the Consumer Protection Act. The seller's defect liability continues even after the warranty period has ended.

The law defines what a defect is and what procedures it entails

Examples of defects are:

• A manufacturing defect, technical defect or deficiency in the car
• The car does not conform with information that was provided about it beforehand, or features that were agreed upon at the time of sale, for example
• The seller has concealed essential information that would have affected the purchase decision
• Adequate instructions in Finnish or Swedish for use, maintenance, etc. are missing
• The car turns out to be inferior to what you had reason to expect considering its age, mileage, and price
• The car, or some part of it, does not last as long as could justifiably be expected

An assessment of whether a car is defective is based on prevalent and objective expectations.

Test drive the car

Your own observations about the condition of the car affect whether or not it is assessed as defective. You cannot claim that a fault or deficiency is a defect if it is something one can only assume you would have noticed before the purchase. Test drive the car properly. This allows you to become at least somewhat familiar with how it behaves, preventing unpleasant surprises.

Inform the seller of any car defects right away

The law gives you 2 months to complain about a defect. However, it's a good idea to report the defect as soon as possible after noticing it.

You have to report the defect within a reasonable time of when you noticed it or should have noticed it. In this way, the defect can be rectified more quickly and you can prevent it from becoming worse or more extensive, which could make you liable for the resulting costs. The recommended, most practical option is to report the defect to the other party of the contract, i.e., the seller.

If the car was purchased new, however, you can also submit the report to the preceding links in the sales chain, that is, the importer or manufacturer. If the car is under warranty, you may also report the defect to the issuer of the warranty. In Finland, the warranty is usually issued by the importer. If you have purchased the car at a dealership, the dealer may have some liability as well.

If a defect becomes apparent during the warranty period

The seller is also responsible for the warranty provided by the manufacturer or importer unless he explicitly disclaimed the warranty before the sale. The issuer of the warranty is liable for any defect during the warranty term, unless he can render it probable that

• the decline in the car's condition is likely due to an accident,
• improper handling of the car, or
• some other reason due to the buyer.

If the car is not under warranty, or the warranty period has expired

Report any defects you have found to the seller within a reasonable time of observing them. If you have purchased a new car, you can also submit the report to the importer. Include a justification of why you think the car is defective. For example, a car is defective if, under normal use, it does not last as long as a car of that type can justifiably be expected to last.

Even if the warranty period is over, the seller's defect liability does not necessarily expire if the car could generally be expected to last for longer than the warranty period. If you bought a new car, the importer's liability also continues even after the warranty period.

In practice, defect liability is reduced by degrees according to how much a car has been used. That is why the seller or a preceding link in the sales chain is not necessarily obligated to pay for all of the repair. You may have to pay some of the repair costs as well.

If a defect becomes apparent within 6 months of the time of purchase

The "presumption rule" applies to any defects that become apparent within six months of the time of purchase. This means the defect is presumed to have existed at the time of transfer, and the seller is thus held liable. The seller is not held liable for the defect, however, if

• he can show that the car was free of defects at the time of transfer,
• the defect was caused by an accident, improper handling of the car, or failure to have appropriate maintenance done on the car, or
• it constitutes normal wear and tear in terms of the expected service life of the car or the part involved.

The six-month rule applies mainly to used car transactions. It does not mean the same thing as a six-month warranty, however; the defects of a car are evaluated on a case-by-case basis. For example, a problem caused by natural wear and tear is not considered a defect, even if it becomes apparent within six months of purchase.

A defect in a used car

A used car may have faults due to normal use and natural wear and tear that are not considered defects. Defect assessment is based on an overall evaluation. Factors taken into account include the purchase price, how old the car is and under what conditions it is used, mileage, and how the car has been cared for and maintained.

As a general rule, a car is defective if

• it does not conform with information that was provided by the seller,
• the seller did not tell you essential facts about the features or use of the car that he was aware of, or
• the car is in worse condition than you had a right to expect based on the price and other circumstances.

You cannot claim that something is a defect if the seller told you about it before the purchase. Also keep in mind that if you buy a used car at a dealership, the importer or manufacturer cannot be held liable for any defects. Check if the importer's or manufacturer's warranty is still valid, however.