Legal Assistance for Car Purchase Problems

Questioner

On Saturday, May 16, 2020, we bought a second-hand car from a private individual via Marktplaats for 5,000 euros. My husband went to see the car on Thursday, May 14th. He repeatedly asked about its condition and if there were any defects. The owner repeatedly stated that there were no defects and that it was a very good car that had always been well-maintained and had nothing wrong with it. My husband took photos of the car and took it for a test drive; everything seemed fine, just as the owner had stated. My husband made a deposit of €250. On Saturday we transferred the remaining amount of 4750 and picked up the car and registered it in my name. After a half-hour drive, on our way home, we stopped. The coolant warning light came on. The coolant tank was almost empty. My husband's photo shows that it was still full on Thursday, so there is clearly a leak. We immediately called the owner and told him that we were at a standstill and whether he was aware of the problem. He still claimed he knew nothing about this and that the car was in excellent condition. And that if there were any problems, he would pay for the repairs. Trusting this (he seemed sincere) we continued driving home after topping up the coolant. We took the car to the garage yesterday, the garage was full on Monday, and today we were told that there are 2 major problems with the car; 1. The oil heat exchanger is leaking coolant. Repair costs €800. 2. There's something wrong with the EGR valve. It's collecting grime and water, which isn't good. This repair can also cost up to €800. These are problems that have been going on for some time, according to the garage. We immediately sent the following message to the owner: How do you wish to proceed? I've asked you several times if there were any defects. These defects didn't suddenly arise during our return trip. I suggest you take the car back and refund us the purchase price. The car is not in the condition upon which the purchase price was based. To this he responds: Listen, the car is perfect, honestly. But if you go to a Volkswagen dealer, you'll end up with those prices. The EGR cost €250. The particulate filter was checked and there was minimal soot in it, practically nothing, 6%. What you're saying is that I caused these problems. That's absolutely not true. If you want, you can bring it back and I'll have it repaired for you regarding the coolant. Now we do not want the car to be made by him, but by an independent party. I would like to know what our rights are in this matter and how we can best approach this. Thank you in advance!

Questioner

If the car has defects, you should contact the seller first. They will then be responsible for repairing the defects. After all, you can assume you're buying a sound car. You can also rely on the seller's statements that the car is in good condition. In short, you'll have to contact them first. If they refuse or can't repair the defects, you can have them repaired elsewhere at their expense. You can also cancel the purchase. If you can't reach an agreement and a legal dispute arises, please contact me immediately for consultation.