Used car: buy from a private seller or a dealer?

Buying from a dealer generally costs more, but protects you better: they owe you the legal guarantee of conformity for 2 years, on top of the guarantee against hidden defects. With a private seller, only the guarantee against hidden defects applies, and it is up to you to prove the defect. The right choice therefore depends on the car's condition, your ability to check it and the price difference.

What guarantees do you get from a dealer?

The legal guarantee of conformity (garantie légale de conformité). It applies to contracts between a non-professional buyer and a professional seller, and lasts 2 years from delivery of the goods, whether new or used (Service-Public.fr). For used goods, the defect is presumed to have existed at the time of sale for one year: you do not have to prove it was already there. After one year, the guarantee can still be invoked, but the burden of proof is on you.

In practice, you can ask for:

• repair or replacement, free of charge, within 30 days; after a repair, the guarantee is extended by 12 months;
• a price reduction or cancellation of the sale (refund in return for giving the car back) if repair is impossible, cannot be done within a month or causes a major inconvenience.

The guarantee against hidden defects (garantie des vices cachés) also applies, and a dealer who knew about the defect may owe damages (Service-Public.fr).

A commercial warranty may be added ("12-month warranty", "manufacturer warranty"). It is optional and its terms are set by contract: read what it covers. It does not replace the legal guarantee.

And with a private seller?

The legal guarantee of conformity does not apply to goods sold by a private individual (Service-Public.fr). You are left with the guarantee against hidden defects (articles 1641 to 1649 of the Civil Code), which requires three cumulative conditions (Service-Public.fr):

1. the defect was not visible at the time of purchase;
2. it makes the car unfit for its use, or reduces its use so much that you would not have bought it, or only at a lower price;
3. it existed at the time of sale.

You have 2 years from discovering the defect to take action, within a limit of 20 years after the sale. The burden of proof is on you, for example with an expert report or repair quotes. If the hidden defect is established, you can keep the car and obtain a price reduction, or return it and be refunded the price and the costs of the sale.

In practice, this remedy is slow and uncertain. And a defect you could have seen during the visit or the test drive does not meet the first condition. Hence the importance of checking everything before paying.

Can you withdraw after the purchase?

For a distance purchase (internet, telephone) from a dealer, you have at least 14 calendar days to change your mind, starting the day after you receive the goods (Service-Public.fr). For a purchase made on the spot, at the seller's premises, do not count on a cooling-off period: only a written commitment from the seller would give you one. Between private individuals, no rule provides for a withdrawal period: only sign the transfer certificate once you have decided.