I bought a defective used car — can I return it or get money back?

Short answer

Yes, in most cases you can. If you bought the car from a professional seller (a garage, dealer, or other trader) as a private individual, you fall under the strict consumer-buying regime of Burgerlijk Wetboek Boek 7 and you have a layered set of remedies, ranging from free repair or replacement to a full refund (ontbinding). If you bought the car from a private seller, the same conformity rules still apply, but with weaker protections (no reversal of the burden of proof, no presumption that defects existed at delivery).

1. Which regime applies

A purchase of a movable good is governed by the title on koop in Boek 7 BW:

• Consumentenkoop (Article 7:5 lid 1 onder a BW): the seller acts in the course of a trade, business or profession, and the buyer is a natural person acting for purposes outside his business. This is the strongest regime. (link)
• Regular koop (anything else, including a sale between two private individuals): only the general rules of Boek 7 apply; the special consumer protections of Articles 7:18–7:24 BW do not.

The distinction matters because for consumer purchases several presumptions and procedural protections kick in (see below).

2. When is a used car "defective" (non-conform)?

The general rule is Article 7:17 lid 1 BW: the delivered thing must correspond to the agreement (de afgeleverde zaak moet aan de overeenkomst beantwoorden). Article 7:17 lid 2 BW clarifies that the car must have the properties the buyer could reasonably expect, "also those that are necessary for normal use and the existence of which he did not need to doubt". Public statements and dealer descriptions are explicitly taken into account. (link)

For consumer sales, Article 7:18 BW fleshes this out: the car must, among other things, be fit for the purposes for which cars of the same type are ordinarily used, have the quality and characteristics normal for that type (including durability, functionality and safety), and match any sample, model or public description. (link)

For used cars specifically, the Supreme Court (Hoge Raad) has developed a long line of case law:

• Hoge Raad 15 April 1994, NJ 1995, 614 (Schirmeister / De Heus): a (used) car used to participate in traffic is normally non-conform if a defect, which cannot be simply discovered and repaired, makes such use a danger to road safety.
• Hoge Raad 24 December 2004, NJ 2006, 22: a car can be non-conform even where there is no threat to road safety, depending on the car’s age, mileage, price and what the buyer could reasonably expect.
• Recent example at first instance: Rb. Limburg 16 July 2025, ECLI:NL:RBLIM:2025:6852, where a turbo defect and various warning messages shortly after delivery were deemed to render the car non-conform. (uitspraak)

What this means in practice:

• Safety-critical defects that are not simply detectable or fixable are almost always non-conform.
• For non-safety defects, courts weigh the age, mileage, price and any specific promises. An 18-year-old car bought for €1,250 was held not non-conform for ordinary wear and tear (Kantonrechter Almere, sector kanton).
• "AS IS" / "in de huidige staat" language does not automatically exclude non-conformity: in consumer sales such clauses can be deemed onredelijk bezwarend (unreasonably onerous) under Article 6:236 BW (the grey list), and a seller cannot exclude liability for defects he knew or should have known about (Article 7:17 lid 5 BW). (link)

3. The ladder of remedies for a consumer-buyer

If the car is non-conform, the buyer can climb a "ladder" of remedies laid down in Boek 7:

Practical sequence when you suspect a defect

1. Have the defect inspected and documented (independent expert report / garage diagnosis).
2. Notify the seller in writing (e-mail or letter) promptly, describing the defect and demanding repair or replacement within a reasonable period.
3. If the seller does not respond or refuses, send a second written notice stating that you will dissolve the contract (Article 7:22 BW) or that you will let a third party carry out the repair at the seller's cost (Article 7:21 lid 6 BW).
4. If still no solution, dispute resolution through De Geschillencommissie Auto (www.degeschillencommissie.nl) for most consumer car disputes, or the ordinary courts.

After dissolution under Article 7:22 BW, the seller must refund the purchase price and the buyer must return the car (Articles 6:265 and 6:271 BW, applied via Article 7:22 lid 3 BW). The seller may offset any benefit the buyer has had from use, and may claim damages if the buyer did not treat the car as a careful owner once dissolution became foreseeable (Article 7:10 lid 4 BW, general rules of Book 6). (link)

4. Burden of proof and time limits

Two important procedural points favour the consumer:

• Presumption of non-conformity at delivery: under Article 7:18 lid 3 BW (implementing the EU Consumer Sales Directive, Directive 2019/771), if a defect shows up within the first year after delivery, the law presumes the car already failed to conform at the moment of delivery. The seller has to prove otherwise. After one year the burden shifts back to the consumer, although he can still rely on the statutory presumptions and on statements made by the seller. (link)
• Complaint within "bekwame tijd": under Article 7:23 lid 1 BW, the consumer must notify the seller within bekwame tijd after discovering the defect, with a notification within two months being deemed timely. Waiting months, or only complaining when the seller contacts you, is risky. (link)
• Limitation period: claims and defences based on non-conformity prescribe two years after the complaint notice (Article 7:23 lid 2 BW). The buyer may always invoke price-reduction or a set-off against the seller's price claim, even after expiry. The clock does not run while the buyer cannot act because of the seller's intent (Article 7:23 lid 3 BW).
• Commercial warranty: an extra warranty (commerciële garantie) given by the producer or seller cannot take away the statutory rights above (Article 7:6a BW). (link)

5. Main exceptions where you cannot return the car

You will generally not succeed if:

1. The defect was known to you, or could reasonably have been known, at the time of purchase (Article 7:17 lid 5 BW). A pre-purchase inspection (aankoopkeuring) you skipped, after a specific invitation by the seller to do so, weighs against you.
2. You waited too long to notify the seller or to bring a claim (Article 7:23 BW).
3. The non-conformity is so minor that dissolution or price reduction is disproportionate (Article 7:22 lid 1 BW; Article 6:265 lid 1 BW).
4. The cause of the problem is your own conduct since delivery — for example, an accident or improper maintenance. The seller can invoke contributory fault and offset use benefits.
5. You bought the car from a private seller: the protection of Articles 7:18–7:24 BW does not apply; the burden of proof is on you, and you cannot rely on the one-year presumption. You keep the core rights under Articles 7:17 and 7:21 BW, but the procedural safety net (klacht-termijn, presumption, commercial-warranty rules) is gone.

6. Practical checklist before you act

• Collect the purchase agreement, the advertisement, any "NAP" / mileage report, the delivery note, and the defect description.
• Get an independent garage report stating (i) the defect, (ii) its probable cause, (iii) whether it endangers road safety, and (iv) the estimated repair cost.
• Write to the seller, citing Articles 7:17 and 7:21 BW, demanding free repair or replacement within a reasonable period.
• If nothing happens, send a second letter invoking Article 7:22 BW (dissolution) or Article 7:21 lid 6 BW (third-party repair).
• If a professional seller resists, the dispute can be submitted to De Geschillencommissie Auto (binding if both parties are registered) or to the kantonrechter for claims up to €40,000.

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This article is general information based on the current statutory text and published case law; it is not a substitute for tailored legal advice. For your specific situation (especially timelines and the right forum), consult a jurist or the Juridisch Loket (www.juridischloket.nl).

Sources used

• Burgerlijk Wetboek Boek 7, artikelen 5, 6a, 10, 17, 18, 21, 22, 23, 24 — wetten.overheid.nl BWBR0005290
• Burgerlijk Wetboek Boek 6, artikelen 236, 265, 271, 277 — wetten.overheid.nl BWBR0005289
• Hoge Raad 15 April 1994, NJ 1995, 614 (Schirmeister / De Heus)
• Hoge Raad 24 December 2004, NJ 2006, 22
• Rechtbank Limburg 16 July 2025, ECLI:NL:RBLIM:2025:6852 — uitspraken.rechtspraak.nl