A verborgen gebrek (hidden defect) is a fault that was already present when the car was sold, but that you as a buyer could not discover during a normal viewing and test drive. Think of rust under a fresh layer of paint, or an engine problem that only shows up after a few weeks. A scratch you can see if you look carefully is not a hidden defect.
Why it matters when buying or selling
- From a dealer: in a consumer sale, a defect that appears within 1 year of delivery is presumed to have existed already. The dealer must then prove otherwise. See presumption of defect.
- From a private seller: you as the buyer must prove the defect existed at the time of sale. A 'no warranty' clause is usually valid, but a seller may not conceal defects they know about.
- Check beforehand: a pre-purchase inspection reduces the risk of surprises and records the car's condition at that moment.
- Seller: mention known defects in your listing and in the sale contract. A buyer usually cannot hold you liable later for a defect they knew about.
- Report it: if you discover a defect, report it quickly and in writing. In a consumer sale, within two months of discovery is in time.