Legal Advice on Warranty and Complaints

Questioner

Dear, I bought a van from a garage, with a 3-month warranty (I paid extra for the warranty). During the warranty period, the van started to show complaints, including a 'ticking noise' and vibrating front brakes. During the warranty period, I immediately contacted the garage and went there with a complaint. In the opinion of the garage, the ticking sound and complaints regarding brakes were repaired. However, the complaints continued to occur during the warranty period. Approximately 1 month after the warranty period, the EGR valve and turbo were defective, resulting in a repair of €1,500. This repair took 3 weeks, which meant that I did not have my van at my disposal. The garage confirmed by telephone that my van would be repaired within 1 week. During this period, I was forced to rent a car and borrow their car from third parties/friends, as I have a company. I look forward to your advice regarding payment of the invoice of €1,500, which in my opinion is incorrect. Yours sincerely,

Lawyer

Depending on the condition, price and year of manufacture of the van, you have a far-reaching duty to investigate. On the other hand, the seller has a duty to report any defects that he knew or could have known. You are entitled to a sound van and may assume that it meets your expectations. Now that this is no longer the case, you can also hold the seller accountable after the warranty period. I therefore advise you to do this in writing and not to pay the invoice if this has not yet been done. I would also report any costs related to the rental car.

Questioner

The garage company in question, where I purchased my van with a warranty, informs me of the following: 'Since this concerns a defective part (broken valve) well outside the warranty and not a hidden defect, I see no other conclusion than that the invoice must simply be paid. If a payment is not made, we are forced to forward it to a collection agency. '. While I properly reported the complaint twice during the warranty period.