Legal Warranty on Cars in Zoetermeer
As a resident of Zoetermeer, the legal warranty on cars provides essential protection when purchasing a new or used vehicle. This statutory provision ensures your car meets normal standards and is delivered defect-free. You can expect repair, replacement, or refund if the car does not match the description. The warranty lasts two years and is independent of any additional manufacturer or dealer promises.
What does the legal warranty cover for cars?
The conformity guarantee, also known as the legal warranty, requires the seller to deliver a car that meets the reasonable expectations of buyers in Zoetermeer. This means: safe, reliable, and appropriate for the price, age, and mileage. Hidden defects at delivery are covered, even if they only appear later.
This applies exclusively to private buyers (consumers) purchasing from professional sellers, such as garages in Zoetermeer. Private transactions, for example via online platforms, do not provide legal warranty unless explicitly agreed.
Legal basis
The provisions are found 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 deliver a conforming vehicle without defects.
- Art. 7:21 DCC: Burden of proof shifts in the first year; the seller must prove the defect did not exist at purchase.
- Art. 7:23 DCC: Choice of repair, replacement, price reduction, or contract termination.
Since January 22, 2022, the term for all cars, including used ones, is 2 years. For used vehicles, expectations are adjusted based on their initial condition.
Difference from manufacturer and dealer warranties
The legal warranty forms the foundation; dealers in Zoetermeer often provide more. Overview:
| Type of warranty | Duration | Covers | Burden of proof | Conditions |
|---|---|---|---|---|
| Legal warranty | 2 years | Non-conformity defects | Reversal in first year | Professional sales |
| Manufacturer warranty | 2-7 years (per brand) | Wear and tear, defects | Often on buyer | New cars, maintenance required |
| BOVAG warranty (used cars) | 6 months | Engine, transmission | Reported by buyer | BOVAG garages, after 1 month/1000 km |
You can combine them; in disputes, the law takes priority.
Real-life cases in Zoetermeer
Example 1: New car
You buy a new Volkswagen from a dealer in Zoetermeer. After 4 months, the air conditioning fails. This falls under legal warranty (art. 7:17 DCC); repair is free, with burden of proof on the dealer in year 1.
Example 2: Used car
A 5-year-old Peugeot 208 with 80,000 km from a Zoetermeer garage has a faulty clutch after 2 weeks. Under conditions, the warranty covers it; seller must prove otherwise if reported within a year.
Example 3: Non-conforming
Car sold as 'perfect' but with hidden rust. Entitled to cancellation, refund, and compensation (such as parking costs in Zoetermeer).
Your rights and obligations
Rights:
- Free repair or replacement (unless disproportionately expensive).
- Price reduction or refund for repeated issues.
- Compensation for additional costs (e.g., loaner car).
Obligations:
- Report defects promptly (within 2 months of discovery).
- Allow the seller to repair.
- Keep invoice and maintenance records.
Seller refuses? Contact Het Juridisch Loket Zoetermeer or proceed to the Zoetermeer District Court. Court fee around €82, often refunded if successful.
Frequently asked questions
Does this apply to private sales in Zoetermeer?
No, only professional sellers. Private deals via platforms offer no protection unless agreed. More on buying cars.
How do I activate my warranty?
Send a registered letter with details and evidence. Allow 14 days for repair. Then: Het Juridisch Loket Zoetermeer, Disputes Committee, or Zoetermeer District Court.
Defect after repair?
Second repair attempt. Fails? Replacement, discount, or termination (art. 7:23 DCC).
Is maintenance required?
Yes, follow the manual. Neglect voids your rights.
Tips for Zoetermeer residents
Avoid hassle:
- Purchase inspection: Have it done at a local garage (€150-300), essential for used cars.
- Document in writing: Request warranty in writing.
- Document everything: Photos/videos as evidence.
- Help: Call Het Juridisch Loket Zoetermeer or check Gemeente Zoetermeer for advice.