Legal Guarantee on Cars in Amsterdam
For residents of Amsterdam, the legal guarantee on cars provides basic protection when buying a new or used vehicle. This law ensures the car meets reasonable expectations and is delivered free of defects. As an Amsterdam resident, you are entitled to repair, replacement, or refund if the car falls short. The guarantee lasts two years and is separate from any additional manufacturer or dealer warranties.
What does the legal guarantee cover?
The conformity guarantee, also known as the legal guarantee, requires the seller to deliver a car that matches the reasonable expectations of buyers in Amsterdam. This includes safety, reliable performance, alignment with the description, price, build year, and mileage. Hidden defects present at delivery are covered, even if they emerge later.
This applies only to private buyers (consumers) purchasing from professional sellers, such as garages or dealers in Amsterdam. Private sales, for example via Marktplaats, offer no legal protection unless explicitly agreed.
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: Sale of a conforming car without defects and with correct specifications.
- Art. 7:21: Burden of proof shifts in the first year; the seller must prove the defect was not present at purchase.
- Art. 7:23: Choice of repair, replacement, price reduction, or contract termination.
Since 22 January 2022, the term is 2 years for all cars, including used ones. For second-hand vehicles, expectations are adjusted based on condition at purchase.
Difference from manufacturer and dealer warranties
The legal guarantee is the minimum; many Amsterdam dealers offer extras. Comparison:
| Type of warranty | Duration | Covers | Burden of proof | Conditions |
|---|---|---|---|---|
| Legal guarantee | 2 years | Conformity defects at delivery | Reversal in first year | Professional sales in Amsterdam |
| Manufacturer warranty | 2-7 years (per brand) | Wear and tear, defects | Often on buyer | New, incl. periodic inspection |
| BOVAG warranty (used cars) | 6 months | Engine, transmission etc. | Report by buyer | BOVAG dealers, after min. 1 month/1000 km |
You can stack warranties; in case of conflict, the law prevails.
Practical cases from Amsterdam
Case 1: New car
You buy a new Volkswagen from a dealer on the Amsterdam A10 ring road. After 4 months, the air conditioning fails. Under Art. 7:17, the garage must fix it free of charge, with the burden of proof on them in year 1.
Case 2: Used car
A 5-year-old Peugeot 208 (80,000 km) from an Amsterdam garage develops clutch issues after 2 weeks. Claimable depending on sales condition; seller proves later cause within year 1.
Case 3: Non-conforming
Car sold as 'top condition' with hidden rust. Entitled to cancellation, refund, and compensation (e.g., public transport costs in Amsterdam).
Rights and obligations in Amsterdam
Rights:
- Free repair or replacement (unless disproportionately costly).
- Price reduction or refund for repeated issues.
- Compensation for extra costs (e.g., loaner car or tram fares during repair).
Obligations:
- File claim within a reasonable time (approx. 2 months after discovery).
- Allow seller to repair.
- Keep receipts and service log.
If the garage refuses? Contact Juridisch Loket Amsterdam or the district court at Rechtbank Amsterdam. Court fee approx. €82, often refunded if successful.
Frequently asked questions
Does this apply to private sales in Amsterdam?
No, only professional sellers. Marktplaats deals without agreement: no coverage. More on buying cars in Amsterdam.
How do I claim in Amsterdam?
Send a registered letter with details and evidence, 14-day deadline. Then: Juridisch Loket Amsterdam, Disputes Committee, or Rechtbank Amsterdam.
Defect after repair?
Second attempt; if it fails, choose replacement/price reduction/termination (Art. 7:23).
Is maintenance required?
Yes, follow manual; neglect voids rights.
Tips for Amsterdam residents
Avoid hassle:
- Purchase inspection: Have it done at a local garage (€150-300), essential for used cars.
- In writing: Document warranties in the contract.
- Report immediately: Take photos/videos as proof.
- Help: Call Juridisch Loket Amsterdam for free advice.