Buying a used car in Peru: what to check and what warranties apply

Before buying a used car in Peru

Buying a used car, truck, or motorcycle in Peru can be a great way to save money, but it also carries real risks: vehicles with registered debts, unpaid traffic tickets, hidden mechanical problems, or even sellers who are not the actual legal owners. This guide walks through the practical steps you should take before closing the deal and explains which legal warranties apply depending on the type of seller.

1. Confirm who the real owner is

It’s not enough to look at the ownership card (tarjeta de propiedad / tarjeta de identificación vehicular) the seller shows you. That card can be outdated, belong to a previous owner, or in fraud cases, even be forged. The safest approach is to request an ownership certificate or query directly at SUNARP using the license plate number to confirm who is currently the registered owner. If the name doesn’t match the ID of the person selling you the car, stop: you may be dealing with someone who lacks sufficient authority to sell.

2. Request the lien certificate

The lien certificate (“certificado de gravamen” or lien/encumbrance search) at SUNARP tells you whether the vehicle has registered vehicle mortgages, pledges, secured interests, or judicial embargoes. This is critical: according to the specialized guides reviewed, if an active lien exists on the vehicle, the transfer simply cannot be registered until that lien is lifted. Buying without this check is one of the costliest mistakes, since you could end up paying for a car you legally cannot put in your name.

3. Check for unpaid traffic tickets

Check whether the vehicle’s license plate has unpaid traffic tickets (papeletas) with the relevant municipality, SAT, or SUTRAN, depending on which authority issued the fine. Unlike liens, unpaid tickets don’t always constitute a formal registry block for the transfer, but they are still a debt tied to the plate that’s worth resolving before buying — negotiate for the seller to pay them off or deduct that amount from the agreed price.

4. Verify SOAT insurance and technical inspection

SOAT (mandatory traffic accident insurance) is required to legally drive the vehicle. Verify it is currently valid before buying. It’s important to understand that SOAT typically does not transfer automatically to the new owner along with the vehicle: as a buyer, you will likely need to get your own policy in your name or check the specific transfer terms with the insurer. Also check whether the vehicle needs a valid technical inspection given its age.

5. Sign a written vehicle sales contract

Formalize the deal in writing before handing over any money, detailing: both parties’ full information, license plate, make, model, year, engine and chassis numbers, declared mileage, price, payment method, and the vehicle’s condition as declared by the seller. This contract is usually later elevated to a notarial deed in order to register the transfer at SUNARP, and it serves as your backup if a problem that wasn’t disclosed surfaces later (for example, a hidden defect).

6. Understand which warranties apply depending on the seller

This is one of the points that confuses buyers most. The Consumer Protection and Defense Code (Law N° 29571) establishes three types of warranty — legal, explicit, and implicit — but these warranties only protect the relationship between a consumer and a habitual provider, meaning when you buy from a dealership, a used-vehicle business, or any business regularly engaged in this activity. The legal warranty, in particular, is mandatory and cannot be excluded by agreement when that consumer relationship exists.

If instead you buy the vehicle from a private individual who is simply selling their own car on a one-off basis, that transaction is governed by the general rules of the Civil Code on sales, not the Consumer Protection Code. This means you cannot go to INDECOPI to claim a “legal warranty” in that case; your protection will depend mainly on what was agreed in the sales contract and the general rules on liability for hidden defects.

7. Register the transfer at SUNARP

The final step is formalizing the change of ownership in the registry. With the contract elevated to a notarial deed, both parties’ identity documents, and the original ownership card, you file the vehicle transfer registration with SUNARP — in person or, if the notary is affiliated, through the digital notarial system. Only once this registration is complete is the vehicle legally in your name, protecting you against third-party claims, future tickets issued under the previous owner’s name, or problems reselling the car.

What to do if something goes wrong after buying

If you bought from a habitual provider and the vehicle has defects that should be covered by the legal warranty, you can first file a complaint with the seller through the Complaints Book, and if there’s no resolution, escalate your case to INDECOPI. If you bought from a private individual, carefully review the signed sales contract: the route to claim for hidden defects or breaches in that case typically runs through civil action, not INDECOPI.