Volvo dealer liability: Your rights and options

Questioner

We bought a used Volvo from an official Volvo dealer in Purmerend in 2011. We immediately noticed the car was consuming a lot of engine oil and informed the dealer by registered letter during the warranty period. The car was returned to the garage with some other issues, but the dealer stated the oil consumption wasn't significant and was normal for this type of car. The car has been serviced by the same Volvo dealer for the past few years, and they maintained that the high oil consumption was normal. When we switched from Volvo Purmerend to Volvo Hoorn in 2013, both dealers were Ton van Kuijk, they immediately discovered that the high oil consumption had caused grooves in the cylinders and that the engine needed to be overhauled. Can we hold Volvo Purmerend liable for negligence? As an authorized Volvo dealer, shouldn't they have already detected the problem during their maintenance checks and vehicle inspection? Is oil even leaking from the exhaust? Yours sincerely,

Lawyer

Day, Yes, as you stated, I think you can indeed try to recover some of the costs from the old dealer. Especially with a second opinion from a second dealer, I think it's worth a legal investigation. You can contact me directly.

Lawyer

Dear questioner, The fact that you purchased a car with a warranty means that the garage must carry out free repairs during the warranty period, provided the garage is obligated to do so under the applicable warranty terms. For example, a defective battery is generally not covered by the warranty. It's established that you complained about the high oil consumption during the warranty period and that the dealer failed to remedy this defect. In my opinion, the dealer is still obligated to remedy the defect under the warranty provisions. I recommend that you once again issue the dealer with a formal notice of default and set a final deadline within which they can still properly perform. If the dealer doesn't take this last opportunity to properly perform, your only option is to go to court. In anticipation of potential legal action, I would like to point out that, in my opinion, you must be able to demonstrate that the high oil consumption is the result of the grooves in the cylinder and that this defect already existed in 2011. There's a chance that the dealer will dispute that the defect was already present in 2011. It is therefore preferable that your current dealer issue a written statement regarding this. If you have any further questions, you can contact me or one of my fellow lawyers/legal experts directly through the website.