Legal Car Warranty in Utrecht

The legal car warranty provides Utrecht consumers with minimum statutory protection when buying a new or used car. It ensures the vehicle meets normal expectations and is delivered defect-free. As a buyer in Utrecht, you can count on repair, replacement, or refund if the car fails to meet the standards. This warranty lasts two years and stands apart from any additional manufacturer or dealer promises.

What does the legal warranty cover?

Also known as the guarantee of conformity, this law requires the seller to supply a car that aligns with the reasonable expectations of buyers in Utrecht. This covers safety, reliable performance, and match with price, age, and mileage. Hidden defects present at purchase are included, even if they emerge later.

This applies only to private buyers (consumers) from professional sellers, such as Utrecht garages or dealers. Private sales, for example via Marktplaats, carry no legal warranty unless explicitly agreed.

Legal Basis

The rules are set out in the Civil Code (Burgerlijk Wetboek, BW) Book 7, Title 5, Section 3 (articles 7:17 to 7:23 BW). Key points:

Art. 7:17 BW: Obligation to deliver a conforming car without defects and with correct specifications.
Art. 7:21 BW: Reversal of burden of proof in the first 12 months; the seller must prove the defect was not present at delivery.
Art. 7:23 BW: Choice of repair, replacement, price reduction, or contract termination.

Since 22 January 2022, the duration for all cars, including used ones, is 2 years. For used vehicles in Utrecht, expectations are adjusted based on their initial condition.

Difference with Manufacturer and Dealer Warranties

The legal warranty is the foundation; Utrecht dealers often provide more. Overview:

Type of Warranty	Duration	Covers	Burden of Proof	Conditions
Legal Warranty	2 years	Defects at delivery (conformity)	Reversal first year	Professional sales in Utrecht
Manufacturer Warranty	2-7 years (per brand)	Wear, defects	Often on buyer	New, with valid APK
BOVAG Warranty (used cars)	6 months	Engine, transmission etc.	Buyer reports defect	BOVAG members, after min. 1 month/1000 km

You can combine warranties; if there's a conflict, the law takes precedence.

Examples from Utrecht Practice

Example 1: New Car
You purchase a new Volkswagen Golf from a Utrecht dealer. After 4 months, the air conditioning malfunctions. This qualifies under legal warranty (art. 7:17 BW); the dealer repairs it free of charge, with the burden of proof on them in the first year.

Example 2: Used Car
A 5-year-old Peugeot 208 with 80,000 km from a Utrecht garage develops a faulty clutch after 2 weeks. Depending on the sales description, it's claimable; the seller must prove within a year that the defect arose after delivery.

Example 3: Non-Conforming
A car sold as 'perfect' with hidden rust entitles you to contract termination, full refund, and compensation (such as Utrecht parking costs).

Rights and Obligations in Utrecht

Rights:

Free repair or replacement (unless disproportionately costly).
Price reduction or refund for repeated issues.
Compensation for extra costs (e.g., loan car).

Obligations:

Report defects promptly (within 2 months of discovery).
Allow the seller to carry out repairs.
Keep receipts and service history.

If the seller refuses, approach the Disputes Committee for Vehicles or the District Court of Utrecht. Court fee around €82, often reimbursed if you win.

Frequently Asked Questions

Does this apply to private sales in Utrecht too?

No, only with professionals like garages. Private (Marktplaats)? Negotiate yourself. More about buying cars in Utrecht.

How do I make a claim in Utrecht?

Send a registered letter with details and evidence. Allow 14 days. Then: committee or District Court of Utrecht. Document everything!

Defect after repair?

Second repair opportunity. If it fails: replacement, discount, or termination (art. 7:23 BW).