Legal Guarantee on Cars in Tilburg

The legal guarantee on cars provides minimum statutory protection for consumers in Tilburg when buying a new or used car. This ensures the vehicle meets normal standards and is delivered defect-free. As a Tilburg buyer, you can expect repair, replacement, or refund if the car falls short. The guarantee runs for two years and stands apart from any additional manufacturer or dealer promises.

What does the legal guarantee cover?

Also called the warranty of conformity, it requires the seller to deliver a car matching the reasonable expectations of buyers in Tilburg. This includes safety, reliable operation, alignment with the description, price, model year, and mileage. Hidden defects present at delivery are included, even if they emerge later.

This applies only to private buyers from professional sellers, such as garages in Tilburg or nearby. Private transactions, like those on online platforms, offer no legal protection unless explicitly agreed otherwise.

Legal basis

The rules are in Dutch Civil Code Book 7, Title 5, Section 3 (Arts. 7:17-7:23 DCC). Key provisions:

Art. 7:17 DCC: Sale of a conforming car without defects and with correct specifications.
Art. 7:21 DCC: Burden of proof shifts in the first year; seller must prove defect arose after delivery.
Art. 7:23 DCC: Options include repair, replacement, price reduction, or contract dissolution.

Since 22 January 2022, the term is 2 years for all cars, including used ones. Used vehicles have adjusted requirements based on condition at purchase.

Difference from manufacturer and dealer warranties

The legal guarantee is the foundation; Tilburg dealers often add more. Overview:

Warranty Type	Duration	Coverage	Burden of Proof	Conditions
Legal guarantee	2 years	Delivery defects (conformity)	Reversal first year	Professional sales
Manufacturer warranty	2-7 years (per brand)	Wear, defects	Often on buyer	New, with MOT
BOVAG warranty (used cars)	6 months	Engine, transmission etc.	Buyer reports	BOVAG dealers, after 1 month/1000 km

Warranties can be combined; the law takes precedence in disputes.

Practical examples in Tilburg

Example 1: New car
You buy a new Volkswagen Golf from a Tilburg dealer. After 4 months, the air conditioning fails. Covered under legal guarantee (Art. 7:17 DCC). Repair is free; burden of proof on dealer in year 1.

Example 2: Used car
A 5-year-old Peugeot 208 with 80,000 km from a local garage develops clutch issues after 2 weeks. Claimable based on sales condition. Seller must prove later cause within year 1.

Example 3: Non-conforming
Car sold as 'top condition' but with underlying rust. Entitles you to dissolution, full refund, and extra costs like Tilburg travel expenses.

Rights and obligations for Tilburg residents

Rights:

Free repair or replacement (unless disproportionately costly).
Price reduction or refund after failed repair.
Compensation for damages (e.g., loaner car).

Obligations:

Report defect promptly (within 2 months of discovery).
Allow seller to repair.
Keep receipts and service records.

Garage refuses? Approach the Disputes Committee for Vehicles or the cantonal division of the Zeeland-West-Brabant District Court in Breda. Start with free advice from Juridisch Loket Tilburg. Court fee around €82, often recoverable if you win.

Frequently asked questions

Does this apply to private sales in Tilburg?

No, only professional sellers. Private deals via platforms lack protection without specific agreements. Check local advice from the Municipality of Tilburg.

How to claim in Tilburg?

Send a registered letter with details and evidence. Allow 14 days. Then escalate to the committee or Zeeland-West-Brabant District Court. Document everything!

Defect after repair?

Second repair opportunity. If it fails, opt for replacement, reduction, or dissolution (Art. 7:23 DCC).