Legal guarantee claim for repair or replacement (Spain)
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For a consumer whose product, bought from a business in Spain, turned out faulty or not as agreed: the letter requires the seller to repair or replace it free of charge under the three-year legal guarantee that runs from delivery (arts. 114 ff. of the Spanish Consumer Protection Act, TRLGDCU), within a reasonable time and without shipping costs. It includes the invitation to negotiate that Spanish Organic Law 1/2025 requires before going to court. Send it by burofax with certified content, which proves what was sent and when. In Spanish.
- Made for use in Spain
- Last updated October 20, 2026
Published byDocMuse
When to use this document
- The phone you bought from a shop in Spain stopped working after a few months.
- The shop sends you to the manufacturer and will not take care of the repair.
- Your new washing machine does not work properly and you want it fixed or swapped for free.
- You want to ask in writing for a repair or replacement under the guarantee before going further.
What you fill in
The details the document asks for.
- Customer
- Customer's address
- Sender's DNI or NIE (Spanish identity number)
- Seller
- Seller's postal address (for the complaint)
- City
- Date
- Invoice number
- Product
- Date the goods were received
- Defect
- Date the defect appeared
- What you ask for: repair or replacement
Common questions
- How long is the legal guarantee on a product in Spain, and who proves the fault?
- For goods bought from a business from 1 January 2022, three years from delivery (art. 120 of the Spanish TRLGDCU); for second-hand goods a shorter period can be agreed, never under one year; digital content and services have two years. In the first two years the fault is presumed to have existed at delivery, and the seller must prove otherwise; in the third year the burden is yours (art. 121). A manufacturer's commercial guarantee is added to the legal one and does not replace it.
- Can I choose between repair and replacement in Spain, and how do I send the claim?
- Yes: you choose, unless your choice is impossible or disproportionate compared with the other (art. 118 of the Spanish TRLGDCU), and both are free, shipping and labour included; the guarantee period is suspended while the repair or replacement lasts. Send the claim by burofax with certified content: it proves what was sent and when, and counts as the prior attempt to negotiate that Spanish Organic Law 1/2025 requires; the company has thirty calendar days to reply. In the shop you can also ask for your region's free complaint sheet (hoja de reclamaciones).
- What can I do in Spain if the seller does not reply or refuses the repair?
- If the seller does not repair or replace the goods within a reasonable time, refuses, or the fault comes back, you can ask for a proportionate price reduction or for termination of the contract with a refund (art. 119 of the Spanish TRLGDCU). You can also file a free complaint with your town's consumer office (OMIC) or your region's consumer service, which mediates with the company, or ask for consumer arbitration. The Spanish associations OCU and FACUA publish free model guarantee letters. This letter, sent by burofax, is the attempt to negotiate required before a lawsuit.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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