Legal Guarantee for Cars Rotterdam
As a resident of Rotterdam, the legal guarantee for cars provides essential protection when buying a new or used car from local garages or dealers. This statutory provision ensures the car meets reasonable expectations and is delivered free of defects. You can count on repair, replacement, or refund if the vehicle falls short. The guarantee lasts two years and is independent of any additional manufacturer or dealer warranties.
What does the legal guarantee mean for residents of Rotterdam?
The guarantee of conformity, also known as the legal guarantee, requires the seller to deliver a car that matches reasonable expectations. In Rotterdam, this means a safe, fully functional vehicle that aligns with its price, age, mileage, and description. Hidden defects present at delivery are covered, even if discovered later.
This applies only to private individuals (consumers) purchasing from professional sellers such as Rotterdam car garages or dealers. Private sales, for example via Marktplaats, do not qualify, unless special agreements are made.
Legal basis
The provisions are found in the Civil Code (CC) Book 7, Title 5, Division 3 (Articles 7:17 to 7:23 CC). Key points:
- Art. 7:17 CC: Sale of a conforming car without defects and with correct specifications.
- Art. 7:21 CC: Burden of proof shifts in the first year; the seller must prove the defect was not present at purchase.
- Art. 7:23 CC: Choice of repair, replacement, price reduction, or contract rescission.
Since January 22, 2022, the term for all cars, including used ones, is 2 years. For used cars from Rotterdam, expectations are adjusted based on their initial condition.
Difference from manufacturer and BOVAG warranties
The legal guarantee forms the foundation; Rotterdam dealers often add more. Overview:
| Type of warranty | Duration | Covers | Burden of proof | Conditions |
|---|---|---|---|---|
| Legal guarantee | 2 years | Defects at delivery (conformity) | Reversal in first year | Professional sales in Rotterdam |
| Manufacturer warranty | 2-7 years (per brand) | Wear and tear, defects | Often on buyer | Mainly new cars, with MOT |
| BOVAG warranty (used cars) | 6 months | Engine, transmission, etc. | Buyer reports | BOVAG dealers, after min. 1 month/1000 km |
You can stack warranties; in case of conflict, the law prevails.
Real-life cases from Rotterdam
Case 1: New car
You buy a new Volkswagen Golf from a dealer on Kralingseweg in Rotterdam. After 4 months, the air conditioning fails. This falls under the legal guarantee (Art. 7:17 CC). The garage repairs it free of charge, with the burden of proof on them in year 1.
Case 2: Used car
A 5-year-old Peugeot 208 with 80,000 km from a Rotterdam BOVAG garage develops a faulty clutch after 2 weeks. Claimable depending on the sales description; seller must prove within year 1 that it arose later.
Case 3: Non-conforming
Car sold as 'top condition' by a dealer in IJsselmonde, but with hidden rust. Entitled to rescission, refund, and compensation (e.g., parking costs in Rotterdam).
Rights and obligations in Rotterdam
Rights:
- Free repair or replacement (unless disproportionately costly).
- Price reduction or refund if repair fails.
- Compensation for extra costs (e.g., public transport during downtime).
Obligations:
- Report defect promptly (within 2 months of discovery).
- Allow seller to repair.
- Keep receipts and service logbook.
Dealer refuses? Go to the District Court of Rotterdam (sub-district section, €82 court fee) or Disputes Committee. Start with free advice from Juridisch Loket Rotterdam.
Frequently asked questions Rotterdam
Does the legal guarantee apply to private sales in Rotterdam?
No, only with professionals like garages. Private via Marktplaats? Negotiate yourself. More about cars in Rotterdam.
How do I claim in Rotterdam?
Send a registered letter with details and evidence, 14-day deadline. Then: Juridisch Loket Rotterdam, committee, or court. Document everything!
Defect after repair?
Second attempt required. Fails? Replace, reduce price, or rescind (Art. 7:23 CC).
Maintenance required for warranty?
Yes, follow manual. Neglect voids rights.
Tips for residents of Rotterdam
Avoid hassle:
- Purchase inspection: At local RDW-approved inspectors (€150-300), essential for used cars.
- In writing: Document warranty terms.
- Report immediately: Photos/videos as proof.
- Help: Contact Juridisch Loket Rotterdam or Arslan Advocate.