Legal Warranty for Cars in Den Haag
The legal warranty for cars provides residents of Den Haag with minimum statutory protection when buying a new or used car. This ensures the vehicle meets normal standards and is delivered defect-free. As a Den Haag resident, you can claim repair, replacement, or a refund if the car fails to match the description. The warranty runs for two years and stands apart from any additional manufacturer or dealer guarantees.
What does the legal warranty cover?
Under the conformity guarantee, the seller in Den Haag must supply a vehicle that meets your reasonable expectations. In other words: safe, reliable, and suited to its price, age, and mileage. Hidden defects present at delivery are included, even if they emerge later.
This applies only to consumers buying from professional sellers such as garages or dealers in Den Haag. Private sales via platforms like Marktplaats offer no such protection unless explicitly agreed otherwise.
Legal basis
The rules are set out in Dutch Civil Code Book 7, Title 5, Section 3 (Arts. 7:17-7:23). Key provisions:
- Art. 7:17: Delivery of a conforming product free of defects.
- Art. 7:21: Burden of proof lies with the seller in the first year; they must show the defect was not present at purchase.
- Art. 7:23: Options include repair, replacement, price reduction, or contract termination.
Since 22 January 2022, the duration for all cars, including used ones, is 2 years. For second-hand vehicles, expectations are adjusted based on their initial condition.
Difference from manufacturer and dealer warranties
The legal warranty sets the baseline; Den Haag dealers often provide more. Overview:
| Type of warranty | Duration | Covers | Burden of proof | Conditions |
|---|---|---|---|---|
| Legal warranty | 2 years | Defects at delivery | Reversed in first year | Professional sales |
| Manufacturer warranty | 2-7 years | Wear, defects | Usually on buyer | New cars, APK required |
| BOVAG warranty (used cars) | 6 months | Engine, transmission | Buyer reports | BOVAG dealers, after 1 month/1000 km |
Warranties can be combined; statutory rules take precedence in disputes.
Real-life cases from Den Haag
Case 1: New car
You buy a new Volkswagen Golf from a dealer in the Binckhorst. After 4 months, the air conditioning fails. Under Art. 7:17, the garage must repair it free of charge; the burden of proof is on them in year 1.
Case 2: Used car
A 5-year-old Peugeot 208 with 80,000 km from a Den Haag garage develops clutch issues after 2 weeks. Covered if present at purchase; seller must prove otherwise in year 1.
Case 3: Non-conforming
Car sold as 'top condition' with hidden rust. Entitled to termination, full refund, and compensation (e.g., parking costs in Den Haag).
Rights and obligations in Den Haag
Rights:
- Free repair or replacement (unless disproportionately costly).
- Price reduction or refund if repair fails.
- Compensation for extra costs (e.g., loan car).
Obligations:
- Report defect promptly (2 months after discovery).
- Allow the seller to repair.
- Keep invoice and service logbook.
Seller refuses? Contact the Juridisch Loket Den Haag for advice or the Den Haag District Court (court fee approx. €82, often recoverable if you win).
Frequently asked questions
Does this apply to private sales in Den Haag?
No, only professional sellers. Private deals via Marktplaats? Negotiate terms yourself. More on car purchases in Den Haag.
How do you claim in Den Haag?
Send a registered letter with details and evidence. Allow 14 days for repair. Then: Juridisch Loket or Den Haag District Court.
Defect recurs after repair?
Second attempt; if it fails, opt for replacement, reduction, or termination (Art. 7:23).
Is maintenance required?
Yes, follow the manual. Neglect voids your rights.
Tips for Den Haag residents
Avoid hassle:
- Purchase inspection: (€150-300) for used cars, via local garages.
- In writing: Document warranties in the contract.
- Report immediately: Use photos/videos as proof.
- Help: Call Juridisch Loket Den Haag (088-9000 900) or the Municipality of Den Haag consumer desk.