Hidden Defects in Purchases from Private Sellers in Den Haag
In Den Haag, you often buy second-hand goods from private individuals, such as via Marktplaats or at the Haagse Markt. A hidden defect is a flaw that already existed at delivery but was not visible despite careful inspection. Unlike with businesses, the law provides limited protection for private deals in the Hofstad. As a buyer in Den Haag, stay vigilant and take prompt action to protect your rights.
What are hidden defects in Den Haag?
A defect qualifies as hidden if it was not detectable during viewing or a standard check, and you could not reasonably have known about it. Examples include rust under a car from Den Haag's salty winters or a crack in a bike frame on busy cycle paths. This constitutes non-conformity: the product fails to meet reasonable expectations under the purchase agreement.
Private sales in Den Haag come with no standard warranty like in stores. Purchases are 'as seen', but sellers can still be held liable for genuine hidden defects.
Legal rules in the Civil Code for buyers in Den Haag
The key provisions are in Book 7 of the Civil Code (Burgerlijk Wetboek, BW):
- Art. 7:17 BW: Seller must deliver in accordance with the agreement and reasonable expectations.
- Art. 7:18 BW: Non-conformity if essential properties matching the deal are lacking.
- Art. 7:21 BW: Buyer must inspect promptly and report defects immediately.
- Art. 7:23 BW: Complaint within a reasonable period after discovery, usually 2 months.
Differences: private sale vs. business purchase in Den Haag
As a consumer buying from a Den Haag business, you have stronger protections. Comparison:
| Aspect | Private purchase in Den Haag | Business purchase (consumer) |
|---|---|---|
| Statutory warranty | No, only non-conformity | Yes, 2 years (art. 7:46 BW) |
| Buyer's inspection | Strict: immediately after handover | Relaxed, burden on seller |
| Seller's information | Limited: only on request | Full: must disclose defects |
| Complaint | Immediately upon discovery (days/weeks) | 2 months after discovery |
More on business purchases? Check our article on consumer purchases.
Den Haag examples of hidden defects
Example 1: Second-hand car from Scheveningen
You buy a car for €5,000 from a private seller. A week later, the clutch fails—undetectable during the MOT. Test drive was fine? Contact Juridisch Loket Den Haag immediately and demand repair costs.
Example 2: Used washing machine from Transvaal
It leaks after weeks due to an internal fracture. Test it first! With prompt reporting, you can seek price reduction or contract dissolution via Rechtbank Den Haag.
Example 3: Bike with creak on Zuiderpark paths
Creaking after a month from an invisible crack. No test? Den Haag judges often reject claims.
Document everything: photos, chats, and inspection notes are invaluable in Den Haag.
Rights and obligations for hidden defects in Den Haag
Buyer's rights
- Remedy: Repair or replacement (art. 7:19 BW).
- Price reduction or contract dissolution.
- Damages for costs incurred.
Buyer's obligations
- Inspect immediately (e.g., vehicle inspection in Den Haag).
- Report in writing (email/registered mail).
- Prove pre-existing defect (expert report).
Seller's obligations
- Deliver without hidden defects.
- Cooperate in case of non-conformity.
Step-by-step guide upon discovery in Den Haag
- Stop using it to prevent further damage.
- Contact seller in writing (keep a copy).
- Obtain expert report from local inspection bureau (costs often recoverable if you win).
- Send notice of default with demands.
- Proceed to kantonrechter at Rechtbank Den Haag (no lawyer needed up to €25,000) or start with Juridisch Loket Den Haag for advice.
FAQs for Den Haag
Always need an expert?
Not always, but it's wise for proof. Photos or mechanic's invoice may suffice. Den Haag judges value expert reports.
How quickly to report?
Immediately, typically 8 days to 2 months. Don't delay!
Seller lied?
Mistake (art. 6:228 BW) or fraud. Dissolve contract with proof (chats). Juridisch Loket Den Haag can help.
Applies to hire-purchase/auctions?
No, hire-purchase falls under consumer rules; auctions are often 'as seen' without non-conformity.