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What do you do when a customer comes back with a faulty used car?

Offer free repair quickly and in writing. In the first year you have to prove the defect was not there yet, and a dealer who offers repair wins more often than one who refuses.

8 min read

Record the complaint, ask the customer for the car, examine it and offer free repair in writing. That is what the law requires of you, and it is also your strongest defence. If the defect comes to light within a year of delivery, it is presumed to have been there already. You then have to prove otherwise.

Nor may the customer simply cancel or have the car repaired elsewhere. He must first give you the chance to repair. In many published cases dealers won on exactly that point. This article goes through the rules, the rulings and the costs.

In short

  • Within a year of delivery you have to prove the defect was not there yet. "He has already driven 10,000 km in it" is not proof.
  • Offer repair quickly, in writing and entirely free of charge. An offer for half the costs does not count as repair.
  • A lost case over a car of €18,500 cost a dealer more than €22,000, plus interest and his own costs.

In this article

  1. Do you have to prove the defect was not there at the sale?
  2. Did the customer complain in time?
  3. What must you offer the customer?
  4. Why do dealers often win when they offer repair?
  5. How do you handle a complaint step by step?
  6. Does the customer go to the disputes committee or to court?
  7. What does a case you lose cost?

Do you have to prove the defect was not there at the sale?

Yes, in the first year after delivery. In a consumer sale the car is presumed not to have been in order at delivery if the defect becomes apparent within one year, unless you prove otherwise or the nature of the goods is inconsistent with that (Civil Code, article 7:18a(2)). This is called the presumption of non-conformity.

You do not rebut a presumption with a possible cause. The legislator writes that the seller cannot merely prove that the defect "could also have arisen" through the buyer. He must prove that this conduct "actually was the cause" (parliamentary papers 35 734, no. 3).

In a case about a Volvo of €8,250 the automatic gearbox failed after about eight months. The dealer pointed to the kilometres the buyer had driven. The court: eight months of driving "is no proof that the gearbox was sound at purchase". The dealer had to repay €9,764.68 (ECLI:NL:RBZWB:2025:5388). Only a technical examination that identifies a cause after delivery helps you.

Did the customer complain in time?

You need to check that, because a late complaint is a strong defence. The buyer must complain within a reasonable time after discovery. In a consumer sale a complaint within two months of discovery is always in time. The claim becomes time-barred two years after that complaint (Civil Code, article 7:23).

A buyer had fault warnings soon after the sale and topped up the oil herself, about 3 litres per 1,000 km. She only reported it to the seller nine months after the first fault, having meanwhile driven some 20,000 km. The court rejected her claims because she had complained too late, and she had to pay the seller's legal costs (ECLI:NL:RBZWB:2026:2005).

So for every complaint, note the date, the channel and the mileage. Ask when the customer first noticed the problem, and put that in your written reply.

What must you offer the customer?

Repair or replacement, entirely free of charge, within a reasonable time and without serious inconvenience to the customer. The costs may not be borne by the buyer (Civil Code, article 7:21(2) and (3)). The buyer makes the car available for this, and you take it back at your expense (Civil Code, article 7:21(7)).

Half an offer is not repair. A dealer offered to repair a leaking head gasket "against payment of half the repair costs". The court: he had failed in his duty to repair free of charge, and the buyer was entitled to cancel the sale (ECLI:NL:RBGEL:2026:7267). The dealer was, however, allowed to set off a fee for the kilometres the buyer had driven.

If repair fails, you refuse, or it takes too long, the customer may cancel the sale or ask for a lower price (Civil Code, article 7:22). In a case where the customer had asked the dealer twice in writing for repair and nothing happened, the cancellation was valid (ECLI:NL:RBNHO:2026:10896).

Why do dealers often win when they offer repair?

Because the customer must first give you that chance. He may only have the car repaired elsewhere at your expense if you do not repair within a reasonable time after he "has given written notice" (Civil Code, article 7:21(6)). A buyer who had repairs done at other garages for €7,625.13 without such notice got nothing back (ECLI:NL:RBMNE:2025:3118).

A dealer who keeps offering repair is also protected against cancellation. In a case about a Mercedes the engine failed eight days after the sale. The buyer cancelled straight away, without asking for repair. Because he refused repair, the buyer himself was in default and did not get his money back (ECLI:NL:RBMNE:2024:7621).

And a dealer who repairs quickly also wins when there are several complaints. A dealer repaired a series of defects each time under warranty and offered a replacement car. The buyer wanted to cancel, but the court refused, because the dealer had repaired each time within a reasonable period (ECLI:NL:RBGEL:2026:5085).

Research on complaint handling points the same way. A meta-analysis of 87 studies shows that compensation, employee behaviour and a good procedure determine whether customers find the handling fair. That judgement is linked to satisfaction after the complaint, to loyalty and to positive word of mouth (Gelbrich & Roschk, 2011). The research covers businesses in general, not just the car trade.

How do you handle a complaint step by step?

Quickly, in writing and with the car at your premises. Five steps that follow from the law and the rulings:

1 Record the complaintdate, channel and mileage, and ask for the complaint in writing2 Reply in writingoffer an examination and free collection if the car cannot drive3 Examine the cardiagnosis on paper, if in doubt an independent expert4 Repair free of chargequickly and fully, not for half the costs5 Keep everythingmessages, work orders, photos and replaced parts
A complaint about a used car in five steps. Source: own step plan based on Civil Code, articles 7:18a, 7:21, 7:22 and 7:23, and the rulings mentioned.

If you are unsure whether the defect falls under the law, repair under reservation or reach a settlement. Record a settlement in a signed agreement stating that the customer waives further rights for this defect. Without that sentence the customer may still cancel later.

Does the customer go to the disputes committee or to court?

That depends on your affiliation. The Vehicles Disputes Committee only handles complaints about used cars if the business is a member of BOVAG (De Geschillencommissie, Vehicles). The consumer pays a complaint fee there, €127.50 for an invoice amount from €1,500.

If you are not a BOVAG member, you can join the General Disputes Committee. In 2026 that costs €591 a year excluding VAT. The committee will tell you on request what a handled complaint costs you (De Geschillencommissie, General). If you are not affiliated anywhere, the committee will not handle a complaint about you (De Geschillencommissie, affiliated businesses). So do not name a committee in your terms either.

Otherwise the customer goes to the district court judge. That court handles every consumer sale case, whatever the amount (Code of Civil Procedure, article 93). In a district court case only the party who starts the case pays the court fee. For a private individual in 2026 that is €265 for a claim between €5,000 and €12,500, and €753 above that (Judiciary, district court fees).

What does a case you lose cost?

Far more than the repair would have cost. In the case about a car of €18,500 whose engine failed within four weeks, the dealer had to repay the purchase price, €914.25 in damages, €1,161.60 in extrajudicial costs and €1,816.42 of the buyer's legal costs. Together that is €22,392.27, plus statutory interest and his own costs. He got back a car with a broken engine (ECLI:NL:RBNHO:2022:7526).

Purchase price back€18,500.00Buyer's legal costs€1,816.42Extrajudicial costs€1,161.60Damages (insurance, road tax)€914.25Together €22,392.27, plus statutory interest and own costs. The car came back with a broken engine.
What the dealer had to pay in ECLI:NL:RBNHO:2022:7526, excluding interest and own costs. Source: District Court of North Holland, 24 August 2022.

Legal costs follow a fixed rate per procedural step, the liquidation tariff. For a claim up to €10,000 that has been €360 per point since 1 February 2026, usually with two points (Judiciary, district court liquidation tariff 2026). That is a contribution, not the actual cost of a lawyer.

It also works the other way. The buyer who complained too late had to pay the seller €1,008 in legal costs (ECLI:NL:RBZWB:2026:2005). So if you know the rules and record what you do, you usually have more to win than to lose when a complaint comes in.

Sources

  • Dutch Civil Code Book 7, articles 18a, 21, 22 and 23, in force from 8 October 2026. wetten.overheid.nl
  • Dutch Code of Civil Procedure, article 93, in force from 14 July 2026. wetten.overheid.nl
  • Explanatory memorandum to the Act implementing the directives on the sale of goods and the supply of digital content, parliamentary papers II 2020/21, 35 734, no. 3. officielebekendmakingen.nl
  • District Court of Zeeland-West-Brabant, 6 August 2025, ECLI:NL:RBZWB:2025:5388. uitspraken.rechtspraak.nl
  • District Court of Zeeland-West-Brabant, 18 March 2026, ECLI:NL:RBZWB:2026:2005. uitspraken.rechtspraak.nl
  • District Court of Gelderland, 23 September 2026, ECLI:NL:RBGEL:2026:7267. uitspraken.rechtspraak.nl
  • District Court of North Holland, 12 August 2026, ECLI:NL:RBNHO:2026:10896. uitspraken.rechtspraak.nl
  • District Court of Central Netherlands, 23 July 2025, ECLI:NL:RBMNE:2025:3118. uitspraken.rechtspraak.nl
  • District Court of Central Netherlands, 27 November 2024, ECLI:NL:RBMNE:2024:7621. uitspraken.rechtspraak.nl
  • District Court of Gelderland, 26 June 2026, ECLI:NL:RBGEL:2026:5085. uitspraken.rechtspraak.nl
  • District Court of North Holland, 24 August 2022, ECLI:NL:RBNHO:2022:7526. uitspraken.rechtspraak.nl
  • De Geschillencommissie, Vehicles Disputes Committee, accessed 22 October 2026. degeschillencommissie.nl
  • De Geschillencommissie, Registering with the General Disputes Committee, accessed 22 October 2026. degeschillencommissie.nl
  • De Geschillencommissie, Affiliated businesses, accessed 22 October 2026. degeschillencommissie.nl
  • Judiciary of the Netherlands, Court fees in district court cases, rates 2026. rechtspraak.nl
  • Judiciary of the Netherlands, District court liquidation tariff from 1 February 2026. rechtspraak.nl
  • Gelbrich, K. & Roschk, H. (2011). A meta-analysis of organizational complaint handling and customer responses. Journal of Service Research, 14(1), 24-43. doi.org

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