LUXEMBOURG: HIDDEN DEFECTS AND LACK OF CONFORMITY IN MOTOR VEHICLES

The purchase of a new or second-hand vehicle must be free from hidden defects and conform to what was agreed in the contract.

Contrary to popular belief, private sellers must also meet these obligations. 

I. DISTINCTION BETWEEN HIDDEN DEFECTS AND LACK OF CONFORMITY :

The hidden defect must not be apparent (to detect the fault, dismantling or an expert appraisal is required), it must be sufficiently serious to render the car unfit for its purpose or significantly reduce its usefulness, and it must have existed prior to the sale.

This applies to both new and used vehicles.

The difficulty lies in distinguishing between hidden defects and conformity defects, which are all differences between what has been delivered and what is stipulated in the sales contract. 

In this highly technical and evolving area, case law plays a considerable role in refining the respective definitions. The quality of the buyer and the standing of the vehicle are also factors to be taken into account.

Here are some concrete examples of hidden defects accepted by the courts:

• Fuel consumption 36% higher than that stated by the manufacturer,

• Deep oxidation of the underbody likely to cause parts to break, which is only visible once the vehicle has been placed on a bridge;

• Oil pump defect;

• Breakage of a connecting rod head bolt,

• Deformation of an engine side member and cross member;

• Cracks in the engine block;

Here are a few examples of non-conformity admitted by the courts:

• Whistling coming from the dashboard of a top-of-the-range vehicle, even though the sales brochure extolled the virtues of sound comfort;
• Car advertised as first-hand;
• The quality of finish was different from that stated;
• Reprogramming of the vehicle to increase its power.

II. To find out more, read the interview with Maître Saliha DEKHAR, avocat à la Cour:

Automobile : ces garanties qui peuvent rapporter gros [dossier] (lequotidien.lu)