Hidden Defects in Private Purchases in Rotterdam
In Rotterdam, where second-hand deals via Marktplaats or local markets like the Oude Warande are common, a hidden defect is a flaw that already existed at delivery but remained invisible despite careful inspection. Unlike purchases from businesses, the law provides limited safeguards for private sales in this port city. Rotterdam residents must check proactively and act quickly to make claims.
What exactly are hidden defects?
A defect qualifies as hidden if it was not noticeable during viewing or basic inspection, and you could not have anticipated it. Examples include corrosion under a car from salt on the Maas bridges or an invisible crack in a bicycle frame. This falls under non-conformity: the product does not meet normal expectations.
Between private parties in Rotterdam, there is no automatic warranty as with shops. You accept 'as is', but serious hidden issues can still hold the seller liable.
Legal Basis in the Civil Code
The core rules are found in Book 7 of the Civil Code (BW):
- Art. 7:17 BW: Seller must deliver in accordance with the agreement and reasonable standards.
- Art. 7:18 BW: Non-conformity if expected qualities are lacking, suitable for the product and deal.
- Art. 7:21 BW: Buyer must promptly inspect and report defects immediately.
- Art. 7:23 BW: Complaint within a short period after detection, usually 2 months.
Difference Between Private and Business Purchases
With businesses, Rotterdam consumers enjoy stronger protection. Comparison:
| Aspect | Private Purchase | Business Purchase (Consumer Sale) |
|---|---|---|
| Statutory Warranty | No, only non-conformity for hidden defects | Yes, 2 years (art. 7:46 BW) |
| Buyer's Inspection Duty | Strict: immediately after transfer | Less strict, proof on seller |
| Seller's Disclosure Duty | Limited: respond to questions | Full: proactively disclose defects |
| Complaint Period | Immediately after discovery (days/weeks) | 2 months after discovery |
See our article on consumer sales in Rotterdam for business purchases.
Practical Examples of Hidden Defects in Rotterdam
Example 1: Second-Hand Car from Rotterdam-South
You buy a car for €5,000 from a private seller. A week later, the transmission fails due to wear not noticeable during a test drive around the Erasmus Bridge. With prompt notification, you can recover repair costs.
Example 2: Used Washing Machine from Kralingen
The machine leaks after two weeks due to a hidden hose defect. Test it right away; timely claim leads to rescission or discount.
Example 3: Bicycle with Frame Issue from the Market
Cracking after a month from an invisible fracture. Without testing, courts often rule against you.
Document viewings with photos and messages for Rotterdam courts.
Rights and Obligations Regarding Hidden Defects
Rights of the Rotterdam Buyer
- Enforce Performance: Repair/replacement (art. 7:19 BW).
- Price Reduction or rescind the purchase.
- Damage Claim for costs or loss in value.
Obligations of the Buyer
- Inspect immediately after delivery (MOT check for cars!).
- Report in writing and without delay (email/registered mail).
- Prove defect existed at delivery (expert report).
Obligations of the Seller
- Deliver without hidden defects.
- Cooperate if non-conformity is proven.
What to Do If You Discover a Hidden Defect in Rotterdam?
Step-by-Step Plan:
- Stop using it to prevent further damage.
- Address the seller in writing (keep a copy).
- Have an expert assess it (costs often upfront, recoverable if you win).
- Send notice of default with demands.
- Go to the sub-district judge at the District Court of Rotterdam or a dispute committee (no lawyer needed up to €25,000). Start at Juridisch Loket Rotterdam for free advice.
Frequently Asked Questions
Do I always need to call an expert for a defect?
Not necessarily, but it's smart for proof. Photos or invoices suffice for simple cases; Rotterdam judges often require expertise.
How quickly must I report in Rotterdam?
Without delay, typically 8 days to 2 months. Delay forfeits rights.
What if the seller lied?
Mistake (art. 6:228 BW) or fraud; rescind and claim. Proof via messages is essential.
Does this apply to hire-purchase or auctions in Rotterdam?
No, hire-purchase has different rules; check with the Municipality of Rotterdam or Juridisch Loket.