What is the conformity certificate in the buying and selling of cars?
27 Feb 2024
The purchase and sale of used vehicles is a process that involves a series of legal and administrative procedures that ensure the security and transparency of the transaction for both parties. One of the most important and lesser-known documents in this process is the Certificate of Compliance, a legal certificate that plays a crucial role in protecting the rights of both buyers and sellers. In this article, we will explore in detail what the Certificate of Compliance is, its importance, and how it protects both parties.
Introduction to the Certificate of Compliance in the Sale of Cars
The Certificate of Compliance is a legal document that certifies that a used vehicle meets all technical and legal specifications for sale. This document is essential to ensure that the vehicle is not only in appropriate condition for use but also complies with current legislation regarding road safety and the environment.
The Importance of the Legal Certificate of Compliance
The Legal Certificate of Compliance is fundamental to protect the rights of consumers and ensure a fair and transparent transaction. This certificate provides additional assurance to the buyer, demonstrating that the vehicle has been inspected and meets the required standards.
How the Certificate of Compliance Protects Buyers and Sellers
For buyers, the Certificate of Compliance offers additional security by confirming that the purchased vehicle is free of hidden defects and complies with all applicable regulations. For sellers, this document serves as a proof of their honesty and transparency, which can increase buyer confidence and facilitate the sale. It should be noted that the seller is the most affected party in case the document is not signed and legal action is initiated.
Legal Aspects: The Compliance Law and Its Application
The Compliance Law establishes that all used vehicles sold by professionals must include a certificate that attests to their compliance with technical and legal specifications. This law aims to protect consumers and ensure that used vehicles offered in the market are safe and reliable.
In Spain, the company Coberclick is one of the few that currently handles the Commercial Warranty and the management of the Legal Certificate of Compliance, the latter in the name and on behalf of the seller to protect them from their obligations towards the consumer. The legal certificate of compliance for vehicles is essential to protect the rights of both the seller and the buyer, and at Coberclick, they offer different options to ensure that their partners and clients are covered before, during, and after the transaction.
At the time of a car sale, it is essential that you complete the legal certificate of compliance to protect your rights. This document must reflect, at a minimum, the following information:
Details of the seller and the buyer
Details of the vehicle (make, model, license plate, etc.)
Date of the transaction
Sale price
Warranty offered (if applicable)
Signature of both parties
Dealership Software: A Key Tool in Management
The use of specialized software for car dealership management, Dealcar, can significantly simplify the management of the Certificate of Compliance. These tools allow for automation of the creation and storage of these documents, ensuring that all legal requirements are met and facilitating the sales process.
Some of the advantages of using dealership software for managing the Certificate of Compliance include:
Reduction of human errors in the creation and storage of documents
Facilitate access to information for all parties involved
Improve efficiency in document management
Facilitate compliance with applicable regulations and laws
Ensure the protection of clients' personal data
Car Warranty: What it Covers and How It Works
The car warranty is another crucial aspect in the sale of used vehicles. This warranty covers any defects or failures that may arise after the purchase, providing the buyer with peace of mind knowing that any problems will be resolved at no additional cost.
The legal certificate of compliance, according to the Royal Legislative Decree 1/2007 of November 16 of the General Law for the Defense of Consumers and Users, establishes that merchants selling used cars to individual consumers who use their vehicle for leisure must offer a warranty of at least one year. This warranty covers defects that may arise in the vehicle during that period and that are not a result of normal use or wear and tear.
Some of the coverages a car warranty may include are:
Repair or replacement of defective parts
Roadside assistance
Replacement vehicle during the repair period
Coverage in case of breakdown abroad
It is important to note that the car warranty does not cover all aspects of the vehicle, and there are certain exclusions, such as normal wear and tear of parts, damages caused by misuse of the vehicle, or lack of proper maintenance.
Common Problems with Warranties and How to Resolve Them
Despite the protection offered by the warranty, problems may arise regarding what is covered and what is not. It is important for both buyers and sellers to clearly understand the terms of the warranty to avoid misunderstandings and resolve any issues efficiently.
Some common problems that may arise concerning the car warranty include:
Disagreements about whether a defect is covered by the warranty.
Difficulties in finding an authorized workshop for repairs.
Communication issues between the buyer, seller, and repair shop.
To resolve these issues, it is essential to maintain open and honest communication between all parties involved. Additionally, it is important to have a good understanding of the warranty terms and applicable laws to adequately defend the rights of each party.
Steps to Obtain the Certificate of Compliance
To obtain the Certificate of Compliance, it is necessary to follow a series of steps that include the technical inspection of the vehicle, verification of its history, and confirmation that it meets all current regulations. This process may vary depending on local legislation and specific requirements of each country or region.
Some of the steps that may be necessary to obtain the Certificate of Compliance include:
Conduct a technical inspection of the vehicle to ensure it meets the technical and legal specifications.
Verify the vehicle's history, including potential accidents, repairs, or changes of ownership.
Check that the vehicle complies with applicable road safety and environmental regulations.
Complete and sign the Certificate of Compliance, including all required information.
Submit a copy of the Certificate of Compliance to the buyer and retain another copy in the dealership's records.
Conclusion
In conclusion, the Certificate of Compliance is an essential document in the sale of used cars, providing protection and security for both buyers and sellers. The proper management of this certificate, along with a clear understanding of the car warranty and the use of tools such as dealership software, can make the purchasing or selling process much simpler and more transparent.
