Liability of the seller of a car - Legal aid

Questioner

Good day, I bought a car today. During a test drive, the car already slipped out of fifth gear once. The seller said this was because I hadn't shifted properly. I then bought the car. When the problem kept recurring, I took it to a garage. They diagnosed the gearbox as worn. My question: Is the seller liable for the defect, and can I still cancel the purchase agreement? If so, how? Bvd

Lawyer

Dear questioner, First of all, it is important to determine whether you purchased the car from a professional dealer or from a private individual. In any case, the seller is obligated to ensure that the delivered item conforms to the agreement. You can expect the item to possess the properties necessary for normal use, the absence of which you should not have doubted. What you could expect under the circumstances should be determined based on the seller's duty to disclose and the buyer's duty to investigate. Assuming you purchased your car from a professional buyer, I believe the seller violated their duty to disclose. A buyer has a duty to disclose if they know or should have known that the car was unsuitable for normal use. I assume a professional seller would thoroughly inspect the car beforehand. Such an inspection should have revealed the gearbox defect. Furthermore, in your situation, you pointed out to the seller during the test drive that the car jumped out of fifth gear. I conclude from this that the seller violated their duty to disclose and that the delivered car therefore does not conform to the agreement. This means that the seller is obligated to replace and repair the car free of charge. If the seller fails to fulfill these obligations, you can terminate the agreement. After termination, any payments already received must be undone. In practice, this means that you must return the car and the seller must refund the purchase price. It's best to first discuss a possible solution with the seller. If this discussion is unsuccessful, it's wise to send the seller a registered letter of formal notice. In your letter, state your complaint and give the seller a reasonable period, for example, 14 days, to repair the car free of charge. You can also include in the same letter that you conditionally terminate the purchase agreement if the seller fails to carry out the repairs within the set period. If you have any further questions, please do not hesitate to contact me.

Questioner

Thanks for the replies. It's a private seller who knows about cars. Besides, the seller certainly knew the gearbox wasn't working properly. You notice the defect immediately when you try to drive in fifth gear. For example.

Questioner

I don't know this person's full name. I do have their address and mobile phone number. Is it a problem that I don't know the seller's full name?