Legal Guarantee on Cars in Westland
The legal guarantee on cars provides residents of Westland with minimum statutory protection when buying a new or used car. This scheme ensures the vehicle meets normal standards and is delivered free of defects. As a buyer in the municipality of Westland, you can expect repair, replacement, or refund if the car does not match the description. The guarantee lasts two years and is independent of any additional manufacturer or dealer promises.
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 buyers in Westland. This includes safety, reliable performance, and alignment with the price, model year, and mileage. Hidden defects present at delivery are covered, even if they only emerge later.
This applies only to private individuals buying from professional sellers, such as car dealerships in Naaldwijk or 's-Gravenzande. Private sales via online platforms offer no legal protection unless specifically 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: Sale of 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: Choice of repair, replacement, price reduction, or contract dissolution.
Since January 22, 2022, the term for all cars, including used ones, is 2 years. For used vehicles, expectations are adjusted based on condition at purchase.
Difference from manufacturer and dealer warranties
The legal guarantee is the baseline; dealers in Westland often provide more. Overview:
| Type of warranty | Duration | Covers | Burden of proof | Conditions |
|---|---|---|---|---|
| Legal guarantee | 2 years | Delivery defects (conformity) | Reversal in first year | Professional sales |
| Manufacturer warranty | 2-7 years (per brand) | Wear and breakdowns | Usually on buyer | New, with valid APK |
| BOVAG warranty (used cars) | 6 months | Engine, transmission, etc. | Buyer reports | BOVAG dealers, after 1 month/1000 km |
You can stack warranties; in case of conflict, the law prevails.
Real-life examples in Westland
Example 1: New car
You buy a new Volkswagen from a dealer in Monster. After 4 months, the air conditioning fails. Under Art. 7:17 DCC, the garage must repair it free of charge; the burden of proof is on them in year 1.
Example 2: Used car
A 5-year-old Peugeot 208 with 80,000 km from a Naaldwijk dealership develops clutch issues after 2 weeks. Covered if present at purchase; seller must prove otherwise within year 1.
Example 3: Deviation from description
Car sold as 'top condition' with underlying rust? Entitled to dissolution, refund, and compensation for extra costs, such as fuel to the Westland District Court.
Rights and obligations for Westland residents
Rights:
- Free repair or replacement (unless disproportionately expensive).
- Price reduction or refund if repair fails.
- Compensation for extras (rental car, etc.).
Obligations:
- Report defect within a reasonable time (approx. 2 months after discovery).
- Give opportunity for repair.
- Keep invoice and service logbook.
Seller refuses? Go to the Vehicle Disputes Committee or Westland District Court (court fee approx. €82, often reimbursed on success). Start with advice from the Westland Legal Aid Office.
Frequently asked questions
Does this apply to private car sales in Westland?
No, only professional sellers. Private deals via Marktplaats offer no protection unless documented. More about buying cars.
How do I enforce my rights?
Send a registered letter with details and evidence. Allow 14 days. Then: committee or Westland District Court. Document everything!
Defect after repair?
Second chance for repair. Then: replacement, reduction, or dissolution (Art. 7:23 DCC).
Is maintenance required?
Yes, follow the manual. Neglect voids rights.
Tips for car buyers in Westland
Avoid hassle:
- Purchase inspection: Get it checked (€150-300), essential for used cars from local dealerships.
- In writing: Request written warranty.
- Report promptly: Photos/videos as proof.
- Help: Call the Westland Legal Aid Office for free advice sessions in the area.