Legal Question about Car Defects? Get Free Advice!

Questioner

I have a question regarding delivery of a car based on sales agreement. We have specified that certain defects shall be removed in the sales contract. When the car was initially delivered, some of them were still there. The garage took it back and returned it with some of them still event not being touched. Next to that we noticed 3 days later, a defect on the radiator which is very difficult to detect upon delivery as you need to be under the car to see it. My questions are: 1. In such case burden of proof is on the garage (sales agent) to prove that the object was delivered in a good condition? 2. We could ask now for decrease of the price as we have given sufficient time for removal of defects specified in the sales agreement? 3. We could ask for certain amount that we carried out the activities for fixing the car after the damage of the radiator? 4. We could ask for certain amount that we have not being able to use the car for the days when the radiator was damaged?

Lawyer

Regarding your questions: 1. It is right that the garage has to deliver proof. If the proof is not delivered then the garage has to repair the car for free. 2.Depending on the sales agreement the agreement can be terminated if the garage can't or will not meet the agreements. You can ask for compensation instead or decrease of the price. 3. When the car has defects the garage should be informed first before taking action of repair. Theu will have to fix the radiator first. 4. When the garage refuses to repair or can't deliver another car, then you must be compensated for that.