Is the car seller obliged to pay for defect costs within the warranty period?

Questioner

My partner bought a car a few months ago. The day after the sale, the car already showed defects. Whereupon he approached the garage and he could go there. Later it turned out that it still had defects. We sent a message to the garage. And the woman says she is not going to do anything about it. We had the car checked by an external garage company and it turned out that there was more to it. We sent the woman evidence of this. And she confirms that she knew this. But we were not aware of it. And the woman does not want to have the car repaired. While we legally have a guarantee on it.

Lawyer

You should summon the garage (by registered letter) to have taken care of the elimination of the defects that are also explicitly mentioned within a certain reasonable period at their own expense. If this does not happen, you may be able to cancel the purchase and, if you have suffered damage, claim this. This would mean that the car must be returned and you are in principle entitled to a refund of the purchase price. The condition for all this is that there are defects that you could not reasonably have expected (in this case defects that prevent normal use of the car). There must be a case of 'non-conformity'. Incidentally, in the case of non-conformity there are also other (legal) options.