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 guarantee | Yes: the car must do what you may reasonably expect, given its age, mileage and price. | No |
| Problem within 1 year | Presumed 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 dispute | The Disputes Committee, if the business is a member; that costs a few tens of euros. | Only through the courts |
| Legal-aid insurance | Often usable | Often only for purchases from a business with a signed contract |
| Transfer | An RDW-approved business arranges it | Together, online or at a counter |
| Deposit | At most 50% of the price | Agree 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.
All steps in the right order, for your situation: make your buying plan
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
- Consumentenbond: Guarantee on second-hand goods (Dutch)
- Radar (AVROTROS): Problems with a used car after purchase: your rights (Dutch)
Checked on 19 October 2026. General information, not legal or insurance advice; the official source always prevails. Something out of date? Let us know.