If your car is broken or works poorly

You have the right to file a complaint for 3 years if there is a defect in the car. Filing a complaint means that you inform the dealer about the fault.You must complain as soon as possible, and no later than two months from when you discovered the fault.

Which faults can you complain about?

You have the right to complain if:

• the car does not match what you were promised before the purchase
• the car is in worse condition than what you should reasonably expect.

The car dealer is obligated to assist you if there is an inherent defect, meaning a defect that existed when you purchased the car, even if it becomes apparent later. The defects should not result from normal wear and tear or mishandling of the car.

The car must be roadworthy

You can also complain if the car is not roadworthy. However, if the car dealership informed you before the purchase that the car is a repair object and needs to be towed from the dealership, you cannot demand that it be roadworthy.

Defects that are difficult to complain about

If you buy an older car, there may be deficiencies that are considered normal, and you cannot complain about them.

What is regarded as normal defects and wear and tear depends on the condition of the car, namely:

• age
• price
• mileage
• expected lifespan.

Other defects that are difficult to complain about are:

• defects and deficiencies stated in the product declaration
• defects that the car dealer has brought to your attention before the purchase.

What can you demand from the car dealer if there is a fault?

If there is an original fault with the car, you can demand that the car dealer remedies the fault free of charge. Even if you would prefer to return the car, the car dealer usually has the right to first try to remedy the fault.

Because the car dealer must be given the opportunity to remedy the fault in the first instance, you cannot demand to have the car repaired at another garage.

Firstly: repair or replace

You can demand that the car dealer either repairs the car or provides you with another, equivalent car. You can also demand that this happens within a reasonable time.

You can suggest the solution you prefer. However, if the company can show that providing you with a new car would result in an unreasonably high cost compared to repairing it, they usually have the right to carry out the repair instead.

Secondly: receive a price reduction

If the defect cannot be rectified, a price reduction may be considered. The price reduction should correspond to the fault, for example, the cost of fixing the fault by another company.

Thirdly: revoke the purchase

A revocation means that the purchase is annulled, in other words that you return the car and get your money back. In order for you to have the right to revoke the purchase, the defect must be serious and of major significance, or the car dealer must have tried to correct the fault several times without succeeding.

Replacement car

If you need a car during the repair time, the dealer should offer you a replacement car on temporary loan. If you are not given a replacement car, you can claim compensation for any additional transportcosts you incur. For example, if you need to use public transport or hire a car. Keep in mind that it is your responsibility to keep the costs to a minimum.

Extra costs

Have you incurred costs because of the fault? If so, you can claim compensation for these costs. The costs must be reasonable and directly linked to the fault. You cannot claim compensation for the inconvenience or the time you spend making a complaint.

To receive compensation, you must be able to show evidence of the costs you have incurred. This may include receipts, invoices or other documentation.

Examples of costs that can arise in connection with a fault:

• Costs incurred because you have had to travel to the car dealer or the garage
• Costs for towing
• Costs for alternative transportation, such as by bus or train
• Loss of income, for example if you have to take time off work to collect the car
• The cost of having the car re-inspected
• Diagnostic fees charged by another garage

By law, the car dealer must repair the fault within a reasonable amount of time. hat counts as a reasonable time must be assessed on a case-by-case basis. It depends, among other things, on the type of fault and your need to have it fixed. You may need to allow for one or a few weeks. If you have been offered a courtesy car, a longer period may be acceptable.

How many repair attempts should the car dealer be allowed?

Has the car dealer been unable to fix the fault despite several attempts? Or has the same fault occurred again and already affected you significantly? If so, you may have the right to refuse further attempts and instead demand to revoke the purchase.

The car dealer should, in the first instance, be given the opportunity to repair the fault. It does not matter if you live far away or feel that you do not trust the car dealer.

If the car dealer does not fix the fault or if the repair is delayed, you may be able to turn to another garage.

It is a good idea to inform the car dealer that you intend to use another garage if the dealer does not fix the fault or if the repair takes too long.

The car dealer should usually be given the opportunity to correct the fault in your car. In order for you to demand to return the car and thereby revoke the purchase, the fault must be significant and serious.

You also have the right to revoke the purchase if

• the car dealer does not correct the fault within a reasonable time
• the car dealer has attempted to fix the fault several times without success.

If you believe you have the right to return the car and get a refund, you must argue for it. Present your cancellation demands to the car dealer in writing, for example via email. Explain why you believe the purchase should be revoked.

Benefit deduction and interest

If you have had significant use of the car before the revoke, it is not certain that you will get back the entire amount you paid. The car dealer may have the right to make a so-called benefit deduction. However, you should receive an amount that allows you to buy another car of the same standard and condition.

You are also entitled to interest for the time the car company has had your money. Sometimes, the car company's right to benefit deduction is offset against your right to interest.

How large should the benefit deduction be?

There is no law specifying exactly how large the benefit deduction should be. However, in an agreement between the Swedish Consumer Agency and the Swedish Association of Motor Retail Traders and Repairs (MRF), it is stated that one needs to consider:

• The extent to which you have used the car.
• Whether the car is new or used.
• Whether you have had any special costs for storage or care of the car.
• The total amount of the car.

You have the right to complain and can report faults for 3 years according to the Consumer Sales Act. This applies even if the car lacks a warranty or the warranty has expired. You must complain as soon as possible and no later than 2 months after you discovered the fault.

Does the car dealer claim that they do not need to fix the faults due to, for example, normal wear and tear or that the car was sold as-is? Then they may need to prove it.

Whether it is you or the car dealer who must prove that the fault is original depends on when you bought the car.

Faults that occur within the first 2 years are automatically considered faults that the company must fix. This is usually referred to as the burden of proof lying with the company.

It is enough that you can show that there is a fault. You do not need to prove what caused the fault. The company must be able to show that the fault is due to you or that the fault is normal considering the condition of the item to avoid responsibility.

When more than 2 years have passed since the purchase, you need to be able to show that the fault existed in the car when you bought it.

Contact an expert

You can get help from an expert to show that the fault is original. An expert can, for example, be a company that sells or repairs similar items.

It may be enough to email and ask how long the item is expected to last or what quality you should be able to expect. In some cases, you need to submit the item or ask someone to come to your home to get an opinion.

You need to pay the person you hire for an opinion. You can later demand that the company that sold the item to you reimburse you for the cost, but only if the fault is the company’s responsibility.

Contact the company again

To proceed, you need to contact the company again, for example via email. Inform the company that they are responsible for fixing the fault. Attach documentation that proves the fault is original.

Have you paid for an opinion? Then you can simultaneously demand that the company reimburse you for the cost.

Also request a written response to your demands.

If the car is older than 3 years

You cannot complain about a car if more than 3 years have passed since you bought it. But if there is a warranty that is still valid, you can use the warranty.

According the law, the car dealer is required to repair the defect within a reasonable time. The same applies if the car is to be replaced instead of repaired.

What is considered a reasonable time needs to be assessed on a case-by-case basis and depends, among other things, on the type of defect and your need to have the car repaired. You may need to anticipate a repair time of a few weeks. If you have been offered a replacement car, a longer repair time may be accepted.

If the car is not repaired within a reasonable time

You may be entitled to a price reduction or cancellation if the car is not repaired within a reasonable time. The price reduction should correspond to what it would cost to fix the fault at another workshop. In the case of a cancellation, you return the car and get your money back.

Contact the car dealer again

Contact the car dealer in writing, for example by email. Tell them you believe the repair is taking too long and that you would like to know when the car will be ready. You can also give the car dealer a reasonable deadline within which they should have fixed the car. Also present your demands if the car will not be repaired.

Are you having trouble reaching an agreement with the company? Then you may have the opportunity to have the matter reviewed by the authority General Complaints Board (ARN). It costs 150 SEK to report to ARN.

If you have paid by card or invoice

If you have paid by card or via some form of credit, you may have the opportunity to get help from your bank/credit provider.

If you have paid via some form of credit, such as a credit card or invoice, you are protected by the Consumer Credit Act. Then there is the possibility to make the same demands on your credit provider/bank as on the company. You can therefore demand a refund from your credit provider/bank if the company does not pay back. In such a case, contact the credit provider and explain that you want to use the right of objection in the Consumer Credit Act.

Getting your money back if you made a credit purchase

If you have paid with a debit card, it is the terms of the card that determine what you are entitled to.

Card complaint

Apply for a payment order

Can't you get help from your bank or credit provider? Then you can turn to the Enforcement Authority and apply for a payment order. A payment order can be a way to get help to get paid by someone who owes you money.

Apply for a payment order (the Enforcement Authority's website)

Your complaint is valid even if the car dealer does not respond. The important thing is that you can prove that you have complained and when.

If there is an original defect, the company must fix it within a reasonable time. If the company does not fix the defect, you can demand to cancel the purchase. Then you return the car and get your money back.

Contact the car dealer again. Set a reasonable deadline within which you require a response to your complaint. Inform them that you want to cancel the purchase if they do not respond within this time.

If you still do not receive a reply from the car dealer, there are several ways to take the matter further.

If you have paid by card or via credit

If you paid by card or through some form of credit that is directly linked to the purchase, you may be able to get help from your bank or credit provider if the car dealer still does not respond.

You are protected by the Consumer Credit Act if you paid using some form of credit, such as a car loan arranged by the car dealer. This means that you can make the same claims against your credit provider or bank as you can against the company. In other words, you can demand a refund from your credit provider or bank if the car dealer does not fix the car and the purchase therefore needs to be cancelled. In that case, contact the credit provider and explain that you want to use the right of objection under the Consumer Credit Act.

Getting your money back if you made a credit purchase

If you have paid with a debit card, the terms of the card determine what you are entitled to.

Getting your money back if you paid by card

Apply for a payment order

If you cannot get help from your bank or credit provider, you can turn to the Enforcement Authority and apply for a payment order. A payment order can be a way to get help to get paid by someone who owes you money.

Apply for a payment order (the Enforcement Authority's website)

More guidance and dispute resolution

Check if your municipality offers consumer guidance. They may be able to provide additional support and advice.

If you want the matter to be reviewed, the National Board for Consumer Disputes is one option. You can also take the matter to court.

If you and the company cannot reach an agreement, you can file a complaint to the public authority the National Board for Consumer Disputes (ARN).

ARN will assess your case and make a recommendation on how to resolve the dispute. Most companies follow ARN’s recommendations.

A normal processing time is approximately six months.

What does it cost to file a complaint with ARN?

It costs SEK 150 to file a complaint with ARN. When you submit your complaint, you can request that the company compensates you for the cost if ARN makes a recommendation in your favour.

Requirements for ARN to consider your case

• The company has either rejected your claims or has not responded within a reasonable time.
• The amount you and the company disagree on exceeds the value limit set by ARN. You cannot include the fee for filing with ARN.
• You file the complaint within one year from the first time you complained to the company.

Submit a complaint on ARN's website

What should you do with the car while waiting for the review?

If you need a car for your daily life, one option is to turn to another company to fix the issue. Keep in mind that you always have to pay the company you hire. However, you can later demand that the car dealer who sold you the car reimburses you for the cost. But be prepared to cover the cost yourself if ARN does not rule in your favour.

Before turning to another workshop

You need to have evidence that you requested the car dealer to fix the issue and that they either refused or did not do so in a reasonable time. It is also important that you document the issue before it gets fixed. This is necessary for ARN to evaluate your case.

Issues where you can still use the car

If it is an issue where you can still use the car without making the problem worse, you can ask the car dealer if it is okay to continue using the car until the matter is resolved.

If you need help with your complaint

Sometimes, the municipal consumer advisors can assist you in making a complaint to ARN.