If you buy a car from a business as a private person, the law helps you with the proof. If a defect appears within 1 year of delivery, it is presumed that the car did not conform to the agreement at delivery (art. 7:18a paragraph 2 of the Dutch Civil Code). This period used to be six months. The seller can rebut the presumption, for example by showing the defect was caused by an accident or misuse. The presumption also does not apply if it is incompatible with the nature of the goods or the defect; normal wear and tear can play a role here.
Why it matters when buying or selling
| Situation | Who has to prove it? |
|---|---|
| Dealer sells to private buyer, defect within 1 year | Seller |
| Dealer sells to private buyer, defect after 1 year | Buyer |
| Private seller sells to private buyer | Buyer |
So as a buyer from a dealer, you are in a strong position during the first year. Buy from a private seller and this presumption does not apply. A pre-purchase inspection and a clear sale contract then matter even more. See also consumer sale.