Your car is broken or works poorly

According to the Consumer Sales Act, you can complain to the car dealer if:

• you can demonstrate that there is a defect in the car

• you file a complaint within 2 months of discovering the defect

• the defect was discovered within 3 years of the purchase.

How to complain about the defect

1. Know your rights

The information is based on your rights according to the Consumer Sales Act.

Which defects can you complain about and what can you demand from the car dealer?

You have the right to file a complaint for 3 years if there is a defect in the car. Filing a complaint means expressing dissatisfaction with the defect. You must complain as soon as possible, no later than 2 months from discovering the defect.

Which defects 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.

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 of the car dealer?

If there is an inherent defect in the car, you can demand that the car dealer rectifies the defect at no cost to you. Even if you prefer to return the car, the car dealer usually has the right to attempt to fix the defect first. Since the car dealer should first have the opportunity to fix the defect, you cannot demand to take it to another workshop.

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.

Secondly: receive a price reduction

If the defect cannot be rectified, a price reduction may be considered. The price reduction should correspond to the defect, for example, the cost of fixing the defect 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 defect several times without succeeding.

Replacement car and compensation for costs

Replacement car

If you have to have a car during the repair time, the dealer should offer you a replacement car on temporary loan. If they cannot offer a replacement car, you may be entitled to compensation to, for example, travel by public transport or to hire a car. Remember that it is your responsibility to limit the costs that arise.

Compensation of additional costs

If you incur costs due to the defect, you may have the opportunity to receive compensation for these. The costs should be reasonable and have a direct connection to the error. You cannot claim compensation for the inconvenience or the time you spend on complaining. To receive compensation, you need to provide evidence of the costs you have incurred. This can include receipts, invoices, or other certificates.

Examples of costs that can arise in connection with a defect are:

• Costs because you were forced to drive to the car dealer or workshop

• Costs for towing

• Costs for alternative transportation, such as by bus or train

• Income loss, for example, if you have to take time off from work to pick up the car.

• Cost for inspecting the car.

• Re-inspection costs or troubleshooting charges

How long may a repair take?

By law, the car dealer must repair the defect within a reasonable amount of time. What a reasonable amount of time is has to be judged case by case, and depends, among other things, on what kind of defect it is and your need to have the car fixed. If you have been offered a replacement car on temporary loan, a longer repair time may be OK.

How many repair attempts is the car dealer allowed?

Normally, the car dealer has two attempts to fix the same defect. If the same defect arises a third time, you may have the right to refuse more repair attempts and instead demand that the purchase is revoked. Revoke means that the purchase is canceled. You return the car and get your money back.

Can you turn to another workshop?

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 problem or if the repair takes too long, you may have the right to turn to another workshop.

Can you revoke the car purchase?

In general, you cannot demand to return the car just because you discovered a defect. The car dealer usually should be given the opportunity to repair the defect. To have the right to revoke the car purchase, the following conditions must be met:

• The defect in your car is significant and serious.

• The car dealer does not fix the defect within a reasonable time.

• The car dealer has attempted to repair the defect 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 cancellation, 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.

2. Contact the car dealer to file a complaint

After you have discovered a defect, it is important that you contact the car dealer as soon as possible. Describe the issue as clearly as you can. Feel free to file a written complaint, for example via text message or email. If you call, it may be helpful to summarize the conversation afterward and send it to the car dealer as an email. Alternatively, you can record the call. It is permitted as long as you are actively participating in the conversation. If you have a warranty provided by another company, you can also file a complaint with them.

If you do not reach an agreement with the company

3. The car dealer does not fix the issue or the repair takes time

The car dealer does not fix the issue

According to the Consumer Sales Act, you can complain about defects for up to 3 years. This applies even if the car has no warranty or if the warranty has expired. You must file a complaint as soon as possible and no later than 2 months after discovering the defect. If the car dealer claims they do not need to fix the issues due to factors like normal wear and tear or because the car was sold "as is" they may need to prove it. Whether it is you or the car dealer who needs to prove that the defect is original depends on when you purchased the car.

Defects that become apparent in the first two years from the purchase are automatically considered to be original defects and thereby defects that the company must fix. It is enough that you can show that there is a defect, for example that the car does not work. The car dealer must be able to show that the defect is your fault or that the defect is normal considering the car’s condition to avoid liability.

Evidence for a claim

If the car dealer still does not address the issue, it may be advisable to gather evidence demonstrating your right. In this case, you can have an expert examine the car. An expert could be someone working at a workshop or an inspection company. It is important that the company is impartial and has no connection to you or the company from which you bought the car. Make sure to obtain a written report. You always have to pay the expert for their assessment. However, if the issue turns out to be the responsibility of the car dealer, you can later demand that the dealer reimburses you for the examination cost.

Contact the car dealer again

If the car dealer has said no or not responded, you need to contact the car dealer again. Ideally, contact the car dealer in writing, for example, via email or text message. Also request that the car dealer responds to your demands in writing. Inform the car dealer about your course of action if the issue with the car is not addressed. For instance, you can mention that you will turn to another workshop and will request compensation for any costs you incur as a result. Another option is to express that you believe the purchase should be canceled. If the car dealer does not respond or rejects your request again, you can proceed to have the court to review the case.

The repair takes too long time

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

If the car is not repaired within a reasonable time, you may have the right to a price reduction or revoke the purchase. The price reduction should correspond to what it would cost to fix the defect at another workshop. Revoke means that the purchase is canceled. 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. An idea is also to 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.

4. If you want guidance

Do you need help clarifying your rights or want to discuss how to proceed with your case? In that case, you can contact the municipality's consumer guidance or the guidance provided by our national information service.

Municipality's Consumer Guidance

Many municipalities provide consumer guidance where you can seek free information and support. The assistance offered may vary from one municipality to another.

The Swedish Consumer Agency's guidance service

If you need guidance, you can contact our national information service. We can provide information on your rights and what options you have to make progress. We provide independent guidance and therefore cannot assess your individual matter, resolve disputes or contact companies for you.

Contact us

5. Have your case reviewed

Contact the National Board for Consumer Disputes

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 favor.

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 are in dispute about is SEK 1,000 or more. You cannot include the application fee to ARN.

• You file the complaint within one year from the first time you complained to the company.

Submit a complaint on ARN's website (in Swedish)

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 favor.

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.

Resolve the dispute in court

If you have gone through the steps in this process but still have a dispute with the company, you can take the dispute to court. In that case, you should contact the district court (tingsrätten). It costs money to file an application with the court. If you are unsure about whether to go to court or need assistance with your case, you can seek help from a lawyer. When considering hiring legal assistance, you can first contact your insurance company. Many home insurance policies include something called legal protection, which means the insurance can cover certain costs related to legal proceedings.

What will it cost?

A dispute involving a claim of up to 28,650 Swedish kronor (half a price base amount in 2024) is known as a simplified litigation or small claim. The application fee is 900 kronor.

If the claim exceeds 28,650 kronor, or if the dispute does not concern a specific amount, the application fee is 2,800 kronor. If you lose the dispute, you may be required to pay both your and the company's legal costs. However, in small claims, the costs you may have to pay are limited. Learn how a lawsuit is handled in the district court on the website of the Swedish Courts (in Swedish)