Exchange or repair your car?

Questioner

I bought a Renault Clio on January 18, 2023 for 18,350 euros. On October 13, 2023, a damage expert found fire extinguishing powder in the car after my car kept indicating a fault on the seat belts. In addition, there are no original Renault Clio seat belts in the car. I have contacted the seller that I want to hand in the car and want the asking price back. The seller wants the opportunity to repair the car. However, I understand that a car should be declared a total loss if fire extinguishing powder is found. I have a damage report and have emailed it to the sales garage. However, they want to repair it. We cannot find a solution and they want a lawyer involved. Am I in the right or do I have to agree to the repair of the car?

Lawyer

Good morning, Annoying situation you are in. I assume a consumer purchase (private person who makes a purchase from a professional seller). A first question is why a damage expert seems to have been called in in the first place. For example, did you first contact the seller (in vain) because of the malfunctions that occurred? It is also important to know what was agreed upon at the time of purchase. Usually, the seller must be given the opportunity to repair the damage. This is different if it turns out that the damage is irreparable or if it turns out that the seller cannot comply. In short, more information is needed to determine your legal position. Feel free to contact us without obligation to discuss your case further. Gr, Mr. Mr. S. Leito FerLei Legal 06-49175526