Action for defective car purchase?

Questioner

I bought a second-hand car on June 1, 2023. It broke down within two weeks, the ANWB found a broken piston, it was unsafe to drive any further. The car was taken to the garage by a recovery vehicle. The car would be repaired there. A deposit of 1500 euros was required for parts. I paid this. However, the car was not repaired and on September 6, on the advice of Bovag, I sent a letter of default with a period of two weeks to repair the car. However, still no response. So I submitted the case to the disputes committee. Here too, no response to the case. On October 17, I received a letter from the police asking me to call the number on the letter. I did this, and I got the owner of the building on the phone. He told me that the boss of the garage had rent arrears and had therefore been evicted from the building. My car was still there. However, the owner of the building told me that the engine, gearbox and intercooler package of my car were sold by the owner of the car company. I called the police and they said that I could not report embezzlement because it is a legal matter. That is why I am writing to you now. This is a brief version of what happened last year. I have the extended version and evidence at hand. I would like to hear from you if you can help me in this case, I have lost more than 10 thousand euros and have a broken car with missing parts.

Lawyer

It seems that you may have a situation of non-conformity as a result of the acquisition of the second-hand car. This means that the car does not have the properties that you could expect based on the purchase agreement. In Dutch law, this is regulated in the Civil Code, article 7:17. You have taken measures by giving the seller a reasonable period to solve the problem (sending the letter of default) and by reporting the case to the disputes committee. In addition, because of the sale of parts of your car by the garage, there also seems to be a case of unlawful act, regulated in article 6:162 of the Civil Code. It is understandable that you want to report embezzlement in this case. My advice is to seek legal assistance. You may consider hiring a lawyer who specializes in consumer law or contract law. They can advise you specifically on the next steps to take and possibly start civil proceedings against the parties involved. A lawyer can also help you find out whether you have a case for the police – despite their earlier response. Please note that this is an exploratory advice and is not a substitute for legal advice from a specialist lawyer or legal expert. Furthermore, the exact legal situation may depend on details that are not included in your question. It is therefore always advisable to seek professional legal assistance.' ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer