I wonder what rights I have and what I could do against them.

Questioner

Good evening, I bought a car 2 weeks ago. After a test drive everything seemed okay, the engine failure light started to burn halfway but the mechanic told me that there was no underlying reason that it just sometimes gives a malfunction but that would not affect the functioning of the car. After the purchase the car did not last 100 km and broke down the same day. The car lost power and was no longer drivable. The garage told me that they would fix it because the customer is king. 2 weeks after the car was picked up by them I was told that the engine block was blown up and that repair would be too expensive. He says he will consult with his father on Monday to perhaps accommodate me and what they want to do, but after calling them so often and empty promises I have already lost confidence in them. I wonder what rights I have and what I could do against them. It is a car dealer who also carries out various repair work and welding work. No BOVAG garage I think, but I can't find much information about them.

Lawyer

You can wait and see what the seller comes up with: in principle you had the promise but was there reason on your side to have the car inspected? If there was a firm promise you can of course state this, but again some things were verbal. Just wait and see, otherwise you can contact me. A functioning engine is an essential matter for the purchase agreement so warranty provisions etc. are not relevant. If it does not function there is a question of non-conformity.

Questioner

The car garage wants to meet me halfway by giving me a new car worth 800 euros while I have already spent 2000 euros in total for the car I bought. I do not agree with this. What steps can I take now?

Questioner

The car garage wants to meet me halfway by giving me a new car worth 800 euros while I have already spent 2000 euros in total for the car I bought. I do not agree with this. What steps can I take now?

Lawyer

You can cancel the purchase due to non-conformity. (7:17 BW) because the car has a defect that is so serious that it can no longer be driven at all. The car dealer must offer you free repair or replacement. If he does not want that, the purchase can be canceled. I can help you draw up a cancellation letter, which can lead to a new proposal.