Directive (EU) 2019/771 only protects you when you're buying from a trader. A private sale is a different legal world.
Buying from a professional trader
The EU's Sale of Goods Directive gives you a legal guarantee against lack of conformity for two years from delivery in most member states — though for second-hand goods, some countries allow the trader and consumer to agree a shorter period, down to a minimum of one year. Within the first year after delivery, the burden of proof is on the trader to show the defect wasn't already there; after that, it shifts to you.
Buying from a private individual
Directive (EU) 2019/771 doesn't apply to sales between two private individuals — there's no EU-wide statutory conformity guarantee. Your protection instead comes from general national contract law principles (misrepresentation, hidden defects under civil code provisions that vary by country) and whatever was explicitly agreed in the sale contract.
Documentation needs differ accordingly
Buying from a trader: keep the invoice, any written warranty terms, and communication about the fault — the legal guarantee does most of the heavy lifting. Buying privately: the sale contract's wording, the advert, and any claims made by the seller carry far more weight, because there's no default statutory guarantee to fall back on.
Practical takeaway
If two otherwise identical cars are priced closely, one from a trader and one private, the trader purchase carries meaningfully stronger legal backing if something goes wrong — factor that into the price comparison, not just the sticker price.
Sources
Related Kibbo Tools
- Car Dealer Purchase Checklist — the checks and documentation to prioritise when buying from a trader.