Legal assistance with car purchase problems

Questioner

We bought a car from 2008 from a garage for over 8000 euros. Because according to the seller it was a very good car, and the garage is relatively far away from us, it was bought without a bovag guarantee. Now after 2.5 months it turns out that there is a major defect. Engine, not a so-called wear part. Caused by incorrect work on the car. After informing the seller, the work was started at a dealer (where the car was also for a major service immediately after purchase). Now the seller only wants to 'compensate' a maximum of half of the damage (1000 euros), with final discharge. However, because the damage is so great and they are not 100% sure whether there is no consequential damage, I would rather not accept this. Imagine that there is even more defect and the engine can no longer be saved. Are there people who can provide additional information about this with regard to my rights and of course obligations? In my opinion he is fully liable for this damage.

Lawyer

This is a difficult case. It is a pity that you did not take out a bovag guarantee because now you have to prove that the car was already bad when you bought it and that you could not reasonably have expected the car to break down. The car is from 2008, so it is possibly almost 5 years old. The question is also how many kilometers the car has driven. In addition, you indicate that the damage was caused by incorrect operation (maintenance or repair?) of the car. The dealer apparently does not want to do anything further. A cheap solution is to go to the vehicle disputes committee. You can handle the case yourself there and I believe the rate is a maximum of € 150, - and you will get that back if you win. You can also go to court to file a claim. I advise you to hire a lawyer or attorney because you will then have to summon the garage. If you wish, I will be happy to assist you with this.

Questioner

I understood that the selling party must prove that the buyer caused the defect during the first 6 months after purchase. There is also something defective that means the car can no longer drive, and that is what a car is meant for. With a minor defect I would of course not have made a fuss, but this ultimately involves hard and many euros. Conformity law, isn't that something I could do something with?

Questioner

by the way thanks for your quick answer Robert Martens!

Lawyer

The 6-month term also applies to second-hand cars, but that term only applies if the nature of the item or the nature of the deviation does not oppose it. If it is therefore established that there is a mechanical problem that is not caused by wear and tear, then there is a legal presumption. In that case, the seller may prove that you caused the defect. Assuming a mechanical defect that you could not easily discover, non-conformity is established. In short, if you are certain that the defect was a mechanical defect that could not be discovered at the time of purchase and is not the result of wear and tear, then you have a strong case. The subdistrict court in Leeuwarden recently ruled in the buyer's favour in a similar case. If you have already paid, then you can, as previously indicated, choose between the disputes committee or the judge. Incidentally, it is then wise to first put the seller in default in writing. I would be happy to help you with that.