Warranty when purchasing from a professional dealer
According to current legislation (specifically Decreto-Lei n.º 84/2021), when buying used car from a legal entity (car dealership, dealer, company), a legal warranty (garantia legal) applies for 3 years (36 months) from the date of purchase.
Important! By written agreement of the parties, this period can be reduced to 18 months (the minimum limit). Such a reduction is common and usually accompanied by a reduction in the price of the car. This agreement must be recorded in the contract.
What exactly does this warranty cover?
The warranty protects against non-conformity of the goods with the contract (desconformidade). This means that the seller is responsible for any defects that:
- existed at the time of sale (even if unknown);
- occur during the warranty period;
- are not caused by improper use, accidents, or normal wear and tear.
Main categories covered:
- engine and transmission
- cooling system, turbocharger
- electrics and electronics (sensors, control unit, wiring)
- suspension (unless wear and tear)
- brake system (major components)
- body problems, unless they are the result of corrosion from use
What is typically NOT covered:
- consumables (brake pads, discs, wiper blades, filters, tires, battery after 1-2 years)
- normal wear and tear (clutch after 150-200,000+ km, shock absorbers, etc.)
- damage from accidents or misuse
- cosmetic defects known to the buyer
- Procedure in the event of a breakdown
If you discover a problem, you must immediately (within two months of discovery) notify the seller in writing (registration card with receipt aviso or email confirmation of receipt).
The seller is obligated to repair the car free of charge within a reasonable time (usually up to 30 days), replace the car, reduce the price, or refund the money (depending on the severity of the defect).
Rights are retained even after the warranty expires—up to 2 years after the first complaint.
Purchase from a private individual
When selling between private individuals, there is no statutory warranty. The buyer buys the car "as is" (tal como está). The only exception is if a warranty is voluntarily included in the contract (which is extremely rare).
Therefore, when purchasing from a private individual, it is especially important to:
- conduct a thorough inspection (ideally at an independent service center)
- get a diagnostic and take photos/videos of the condition
- record the mileage and equipment in the contract
Additional commercial warranties
Many dealerships offer a commercial warranty (garantia comercial)—from 1 to 5 years in addition to or instead of the basic warranty. This may be paid or included in the price. Often, such warranties have more exclusions and limitations (based on mileage, age, and type of damage), so their terms and conditions should be read very carefully.
The good news: Portuguese law provides quite strong protection for buyers when purchasing from a professional. The key is to know your rights and promptly document any issues in writing.