A consumentenkoop (consumer sale) is when a business, such as a car dealer, sells a car to a private person who is not buying it for their business or profession (art. 7:5 of the Dutch Civil Code, BW). A sale between two private persons, or a business buying from a dealer, is not a consumer sale.
Why it matters when buying or selling
In a consumer sale, you as the buyer get extra protection that the seller cannot exclude:
| Consumer sale (dealer) | Private sale | |
|---|---|---|
| Conformity | Statutory, cannot be excluded | Applies too, but can be limited by contract |
| Proof of a defect | Defect within 1 year: presumed to have existed | Buyer must prove it |
| 'Sold without warranty' clause | Not valid | Usually valid, except for concealed defects |
| Reporting a complaint | Within 2 months of discovery is in time | Within a reasonable time |
Read more about the proof rule under presumption of defect. If you buy from a BOVAG dealer, you can also take a dispute to the Geschillencommissie Voertuigen. Put everything you agree in a sale contract.