Hidden defects and lack of conformity in motor vehicles in Luxembourg

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

A hidden defect must not be apparent (to detect the fault, dismantling or an expert appraisal is required). It must be serious enough to render the car unfit for its purpose or to 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 a hidden defect from a lack of conformity, which covers all differences between what was 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.

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, visible only once the vehicle has been placed on a lift;
• Oil pump defect;
• Breakage of a connecting rod head bolt;
• Deformation of an engine side member and cross member;
• Cracks in the engine block.

Examples of lack of conformity accepted 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;
• Level of finish different from that stated;
• Reprogramming of the vehicle to increase its power.

II. Find out more

Read the interview with Maître Saliha DEKHAR, avocat à la Cour (in French):

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

#Automotive #HiddenDefects #LackOfConformity #Warranty #CarPurchase #Luxembourg