Hidden Defects in Purchases from Private Sellers in Delft
In Delft, you often buy second-hand items from private individuals via platforms or local markets. A hidden defect is a flaw that was already present at delivery but not visible during a normal inspection. Unlike purchases from businesses, the law offers limited protection for private deals in Delft. Delft residents must stay vigilant themselves and take prompt action to claim their rights.
What Are Hidden Defects in Practice?
A defect qualifies as hidden if it was not detectable during viewing or a basic check and you reasonably had no knowledge of it. Examples include rust under a car driven on Delft roads or a crack in a bicycle frame. Under the law, this concerns non-conformity: the item does not meet what you could reasonably expect, given the sale.
Between private parties in Delft, there is no standard warranty as with shops. It's 'as is', but sellers can still be liable for genuine hidden issues.
Legal Rules in the Civil Code
The foundation is in Book 7 of the Civil Code (BW):
- Art. 7:17 BW: Sale must conform to the agreement and reasonable expectations.
- Art. 7:18 BW: Non-conformity if lacking properties that could be expected, given the nature and deal.
- Art. 7:21 BW: Buyer must inspect as soon as possible and report defects immediately.
- Art. 7:23 BW: Complaint within a reasonable period after discovery, usually 2 months.
Purchase from Private Seller vs. Business
As a Delft resident, you have more safeguards with businesses. Comparison:
| Aspect | Private Seller in Delft | Business (consumer purchase) |
|---|---|---|
| Statutory warranty | No, only non-conformity for hidden defects | Yes, 2 years (art. 7:46 BW) |
| Buyer's inspection duty | Strict: check immediately after handover | Less strict, proof on seller |
| Seller's disclosure | Limited: respond only to questions | Full: disclose defects |
| Complaint period | Immediately after discovery (days/weeks) | 2 months after discovery |
Read more about purchases from businesses in our consumer purchase article.
Delft Examples of Hidden Defects
Example 1: Car from Delft
You buy a car for €5,000 from a local private seller. After a week, the clutch fails, invisible during MOT. Not noticeable during test drive on Delft streets? Report immediately for repair compensation.
Example 2: Washing Machine from Marktplaats Delft
Leaks after two weeks due to internal breakage. Seller knew nothing. Test it first! With prompt reporting: contract dissolution or price reduction possible.
Example 3: Bicycle for Delft Cycle Paths
Squeaks after a month due to invisible crack. No claim if you didn't test it; courts are strict.
Tip for Delft residents: document everything, from inspection photos to messages.
Rights and Obligations for Hidden Defects
Buyer's Rights
- Performance: Repair/replacement (art. 7:19 BW).
- Price reduction or contract dissolution.
- Compensation for repairs or loss in value.
Buyer's Obligations
- Inspect immediately after delivery (MOT for cars!).
- Report in writing (email/recommended).
- Prove pre-existing defect (expert report).
Seller's Obligations
- Deliver without hidden defects.
- Cooperate if non-conformity proven.
Step-by-Step Plan Upon Discovery in Delft
1. Stop using to prevent further damage.
2. Contact seller in writing (keep copy).
3. Have inspected by expert (pay upfront, reclaim if you win).
4. Send notice of default with demands.
5. In dispute: subdistrict court of The Hague District Court or Juridisch Loket Delft for advice (no lawyer needed up to €25,000).
Prescription: 2 years after discovery (art. 3:310 BW). Start at Juridisch Loket Delft for free help.
FAQs for Delft Residents
Always need an expert?
Not necessarily, but smart for proof. Photos or mechanic's invoice may suffice. Courts want expertise.
How quickly to report?
Without delay, often 8 days to 2 months. Delaying forfeits rights.
Seller lies?
Mistake (art. 6:228 BW) or fraud. Dissolve contract with proof from chats.
Applies to hire-purchase/auctions?
No, hire-purchase has different rules.