Legal Warranty on Cars in Delft
The legal warranty on cars provides residents of Delft with minimum statutory protection when buying a new or used car. This warranty ensures the car meets what you, as a consumer in Delft, can reasonably expect and is delivered free of defects. You are entitled to repair, replacement, or a refund if it falls short. The warranty runs for two years and is independent of any additional voluntary warranties from dealers in the area.
What does the legal warranty mean for buyers in Delft?
The legal warranty, or warranty of conformity, requires the seller to deliver a car that aligns with reasonable expectations. In Delft, this means a safe, fully functional vehicle matching the description, price, age, and mileage. Hidden defects present at purchase are covered, even if they emerge later.
This applies only to purchases as a private consumer from a professional seller, such as garages around Delft. Private sales via platforms like Marktplaats carry no legal warranty unless explicitly agreed.
Legal Basis
The rules are set out in the Dutch Civil Code (DCC) Book 7, Title 5, Section 3 (articles 7:17 to 7:23 DCC). Key points:
- Art. 7:17 DCC: Obligation to supply a conforming vehicle without defects and with correct specifications.
- Art. 7:21 DCC: Burden of proof shifts in the first year; the seller must prove the defect was not present at delivery.
- Art. 7:23 DCC: Options include repair, replacement, price reduction, or contract termination.
Since 22 January 2022, the duration for all cars, including used ones, is 2 years. For second-hand vehicles, expectations are adjusted based on condition at purchase.
Difference from Manufacturer and Dealer Warranties
The legal warranty is the statutory minimum; Delft dealers often provide more. Comparison:
| Type of Warranty | Duration | Covers | Burden of Proof | Conditions |
|---|---|---|---|---|
| Legal Warranty | 2 years | Conformity defects at delivery | Reversal in first year | Professional sales in Delft |
| Manufacturer Warranty | 2-7 years (per brand) | Wear and tear, defects | Often on buyer | New cars, maintenance and vehicle inspection |
| BOVAG Warranty (used cars) | 6 months | Engine, transmission etc. | Buyer reports | BOVAG garages, after 1 month/1000 km |
Warranties can be combined; in disputes, the law takes precedence.
Practical Cases for Delft
Case 1: New Car
You buy a new car from a Delft dealer. Faulty brakes after 3 months? Under the legal warranty (art. 7:17 DCC), the garage must repair it free of charge; burden of proof lies with them in year 1.
Case 2: Used Car
A second-hand car (4 years old, 70,000 km) from a local garage develops engine issues after 3 weeks. Covered if present at purchase; seller must prove otherwise.
Case 3: Non-Conforming
Car sold as 'as good as new' with later oil leak? Entitled to cancellation, full refund, and compensation for extra costs (like parking in Delft).
Rights and Obligations in Delft
Rights:
- Free repair or replacement (unless disproportionately costly).
- Price reduction or refund for repeated issues.
- Reimbursement of extra costs (e.g., loaner car).
Obligations:
- Report defect promptly (2 months after discovery).
- Give seller a chance to repair.
- Keep invoice and maintenance records.
Seller refuses? Start with Legal Aid Office Delft for free advice, then Disputes Committee or subdistrict court at District Court of The Hague. Court fee around €82, often recoverable if successful.
FAQs for Delft
Does this apply to private sales in Delft?
No, only professional sellers. For private sales, agree terms explicitly. Contact Legal Aid Office Delft for advice.
How do I claim in Delft?
Send a registered letter with details and evidence, giving 14 days. Then Legal Aid Office, Disputes Committee, or District Court of The Hague.
Defect recurs after repair?
Second chance; otherwise replacement etc. (art. 7:23 DCC).
Is maintenance required?
Yes, follow the manual; neglect voids rights.
Tips for Residents of Delft
Avoid hassle:
- Purchase Inspection: Get one from local RDW-recognized inspectors (€150-300).
- Document in Writing: Request warranty terms in writing from Delft garages.
- Report Immediately: Document with photos.
- Help: Call Legal Aid Office Delft or check Municipality of Delft for info.