Buying a used car

Buying from a dealer or a private seller: your rights

From a business you have a legal guarantee: if the car develops a problem within 1 year, the defect is presumed to have existed at purchase. With a private seller you are not a consumer and lack that protection. The difference lies mainly in what you can do afterwards.

The differences

Business (garage, dealer)Private seller
Legal guaranteeYes: the car must do what you may reasonably expect, given its age, mileage and price.No
Problem within 1 yearPresumed present at purchase; the seller must prove otherwise. You may be entitled to free repair or replacement.You must prove the defect was already there or that the seller knew.
In a disputeThe Disputes Committee, if the business is a member; that costs a few tens of euros.Only through the courts
Legal-aid insuranceOften usableOften only for purchases from a business with a signed contract
TransferAn RDW-approved business arranges itTogether, online or at a counter
DepositAt most 50% of the priceAgree to pay at the transfer

The legal guarantee is not the same as an extra warranty

An extra warranty from the seller or a quality mark (such as BOVAG) comes on top of your legal rights. Such a warranty usually covers defects that appear later, not always what was already wrong with the car. With a business the legal guarantee always applies, even if the seller says there is ‘no guarantee’.

Stronger either way

  • Check the plate and take the questions from the report.
  • Ask about maintenance, damage and whether the car was imported, and have the answers written down.
  • Take a test drive, preferably with someone who knows cars.
  • In doubt, have a pre-purchase inspection done.

Looking at a used car? Check that car

Enter the plate and see the APK history, open recalls and how the car compares with the same model at the same age.

Frequently asked questions

Do I have a guarantee on a used car from a garage?

Yes, the legal guarantee. If the car develops a problem within 1 year, the defect is presumed to have existed at purchase unless the seller proves otherwise. What you may expect depends on age, mileage and price.

Do I have a guarantee when buying from a private seller?

No, the consumer guarantee does not apply between private persons. You must prove yourself that a defect was already there or that the seller knew; that is only possible through the courts.

More on buying: Transferring the car · Insurance · Purchase agreement · Pre-purchase inspection · Costs

Sources

Checked on 19 October 2026. General information, not legal or insurance advice; the official source always prevails. Something out of date? Let us know.