Legal Guarantee on Cars in Rijswijk
As a resident of Rijswijk, you benefit from the legal guarantee on cars, a statutory minimum standard that protects buyers when purchasing new or used vehicles. This regulation ensures your car meets normal standards and is delivered defect-free. You can rely on repair, replacement, or refund if the vehicle does not match the description. The duration is two years and stands apart from any additional manufacturer or dealer warranties.
What does the legal guarantee cover?
Also known as the conformity guarantee, this law requires the seller to deliver a car that meets the reasonable expectations of a buyer in Rijswijk. This includes safety, reliable performance, alignment with price, age, and mileage. Hidden defects present at delivery are covered, even if they emerge later.
This applies exclusively to private buyers (consumers) from professional sellers such as garages in the Rijswijk area. Private transactions, for example via online platforms, do not qualify for legal protection unless explicitly agreed otherwise.
Legal basis
The provisions are found in Dutch Civil Code Book 7, Title 5, Section 3 (arts. 7:17-7:23 DCC). Key points:
- Art. 7:17 DCC: Obligation to deliver a conforming vehicle without defects in quality or quantity.
- Art. 7:21 DCC: Burden of proof shifts in the first year; seller must prove the defect arose after delivery.
- Art. 7:23 DCC: Choice of repair, replacement, price reduction, or contract termination.
Since 22 January 2022, the term for all cars, including used ones, is 2 years. For used vehicles, expectations are adjusted based on condition.
Difference from additional warranties
The legal guarantee is the foundation; dealers and manufacturers often add more. Overview:
| Type of warranty | Duration | Covers | Burden of proof | Conditions |
|---|---|---|---|---|
| Legal guarantee | 2 years | Conformity defects at delivery | Reversal in first year | Professional sales to consumers |
| Manufacturer warranty | 2-7 years (brand-dependent) | Wear and tear, defects | Often on buyer | New, with MOT and maintenance |
| BOVAG warranty (used cars) | 6 months | Engine, transmission, etc. | Reported by buyer | BOVAG recognition, after min. 1 month/1000 km |
Feel free to combine them; in case of overlap, the law prevails.
Real-world examples
Example 1: New car
You buy a new Volkswagen from a dealer in Rijswijk. After a few months, the air conditioning fails. This qualifies as a conformity defect (art. 7:17 DCC); repair is free, with the burden of proof on the seller in year 1.
Example 2: Used car
A 5-year-old Peugeot with 80,000 km from a local garage develops a clutch issue soon after. Covered under warranty if consistent with condition; seller bears proof in first year.
Example 3: Non-conforming product
Car sold as 'top condition' but with underlying rust. Entitled to cancellation, refund, and additional costs such as parking fees in Rijswijk.
Your rights and obligations
Rights:
- Free repair or replacement (unless disproportionately expensive).
- Price reduction or full refund for repeated issues.
- Reimbursement of extras like a loaner car.
Obligations:
- Report the defect promptly (within 2 months of discovery).
- Allow the seller to repair it.
- Keep receipts and service logbook.
Dealer refuses? Start with Juridisch Loket Rijswijk for free advice, then the Disputes Committee for Vehicles or Rijswijk District Court. Court fee around €82, often recoverable upon success.
Frequently asked questions
Does this apply to private sales in Rijswijk?
No, only professional sellers. No coverage for private sales on Marktplaats unless negotiated. Consult Juridisch Loket Rijswijk.
How do I file a claim?
Send a registered letter with details and evidence. Offer 14 days for repair. Then committee or Rijswijk District Court. Document everything.
Defect after repair?
Second attempt required. Fails? Replace, reduce price, or terminate (art. 7:23 DCC).
Is maintenance required for warranty?
Yes, follow instructions. Neglect voids rights.
Tips for Rijswijk residents
Avoid hassle:
- Pre-purchase inspection: (€150-300) at local garages, essential for used cars.
- In writing: Request written warranties.
- Report immediately: Photos/videos as proof.
- Local advice: Call Juridisch Loket Rijswijk or check Municipality of Rijswijk for MOT info.