Used car warranty in Italy: dealer vs private seller

You buy a used car and two weeks later a warning light comes on, or the gearbox starts to judder. Who do you call and what can you demand? The answer depends on one thing: who sold you the car. With a dealer you get the statutory guarantee of the Italian Consumer Code; with a private seller you only get the Civil Code warranty for defects, which is much tighter. This guide compares the two, with deadlines, remedies and what to do before you sign.

The basic rule: it depends on the seller

The Consumer Code protects people who buy from a professional, meaning dealers and resellers. A buyer from a private individual has no conformity guarantee, unless a professional takes part in the sale as an intermediary. Even between private parties the law does not leave you defenceless: the warranty for defects in the thing sold still applies.

From a dealer: 24 months, reducible to 12

According to AutoScout24 (July 2026) the legal guarantee lasts 24 months from delivery. For used cars the parties may agree in writing on a shorter period, but never below 12 months. Sicurauto (May 2026) adds that the reduction only works with the buyer's written consent and that anything shorter has no legal value. If the contract is silent, the full 24 months apply.

Read the sales contract carefully: a 12-month guarantee clause means the seller has used this option. Ask for it to be spelled out clearly on the document.

Who has to prove what

If a defect appears within the first year after delivery, AutoScout24 says it is presumed to have existed at delivery unless the seller proves otherwise. Note that some guides, including recent ones, still quote a six-month period from before the reform; Sicurauto reports six months, so always check the legal text or ask a consumer association. After the presumption period it is up to you to show the defect was already there, usually with an expert report.

Enforcing the guarantee against a dealer

• Write promptly: report the defect within two months of discovering it, ideally by certified email or registered letter. Sicurauto speaks of 60 days.
• Document everything: photos, diagnostic invoices, workshop reports.
• Remedies in order: first free repair within a reasonable time; if that is impossible, a price reduction; in serious cases, termination of the contract with the car returned and a refund.

Normal wear is not covered: the guarantee concerns conformity defects, not worn brakes or tyres.

From a private seller: the warranty for defects

According to Motorbox, a private seller must guarantee the car has no defects that make it unfit for use or significantly reduce its value (art. 1490 of the Civil Code). The warranty does not cover defects you knew about or could have spotted with normal care, which is why the test drive and pre-purchase inspection really matter.

The deadlines are much tighter:

• 8 days from discovering the defect to report it to the seller, by registered letter or certified email.
• 1 year from delivery as the limitation period: legal action must start within that time. Both Motorbox and AutoScout24 confirm this.

Remedies are a price reduction or, for serious defects, termination of the contract, plus damages if you can prove them.

The as-seen clause

Between private parties the warranty can be excluded with an as-seen clause (visto e piaciuto) signed by both sides. Motorbox points out, however, that the clause has no effect if the seller maliciously concealed defects (art. 1490, second paragraph), although the buyer must prove bad faith. So it is no excuse to hide a known problem: if you know of one, declare it in the contract.

Before you sign: the checklist

• Check mileage and history against invoices and the service book.
• Have a trusted mechanic inspect the car: it costs little and cuts surprises.
• Get known defects and the declared condition written into the contract.
• With a dealer, ask in writing how long the guarantee lasts and what it covers.
• Avoid untraceable payments and keep every message from the listing.
• If you sell privately, describe the car honestly: it protects you from later claims.

The short version

From a dealer you get 24 months, reducible to 12 only in writing, with a report due within two months of discovery. From a private seller you have 8 days to report a defect and one year to act, and an as-seen clause can remove many protections. Either way the best move is the same: get the car inspected first and put everything in writing.

Further reading

[1] AutoScout24, Garanzia auto usata: come funziona e cosa copre, 7 July 2026. [2] Sicurauto, Garanzia auto usate: cosa prevede il Codice del Consumo, 1 May 2026. [3] Motorbox, Guida alla garanzia auto e moto usate fra privati.