Purchasing a used vehicle from a dealership or garage is often a significant investment. When technical issues arise a few weeks after the purchase—engine failure, missing advertised equipment, tampered mileage—the buyer naturally wonders what remedies are available.
Belgian law provides strong legal protection: the legal guarantee of conformity, a mandatory mechanism that imposes a strict obligation of result on the professional seller. This article explains the scope of this protection and provides the tools you need to effectively defend your rights.
The legal guarantee of conformity: cornerstone of consumer protection
The legal guarantee of conformity applies automatically to every sale of a used vehicle concluded between a professional and a consumer. The seller cannot remove or reduce this guarantee by contract.
For used vehicles, the minimum duration is one year. It may be extended to two years if the sales contract does not explicitly state a reduction. In other words: if there is no clause, the consumer automatically benefits from a two-year guarantee.
Since 1st of June 2022, the new regime has significantly strengthened consumer protection. Under the former rules, during the first six months the defect was presumed to have existed at delivery. After that period, the consumer had to prove that the issue pre-existed the sale—often a costly and difficult exercise.
The reform now extends this presumption to two years, i.e. the full duration of the guarantee. Any defect appearing within this period is automatically presumed to have existed at the time of delivery. It is now up to the professional seller to prove otherwise, which clearly benefits the consumer.
What is a lack of conformity?
According to Article 1649ter of the Civil Code (old code article numbers), a vehicle is conform when:
- It matches the description given by the seller (equipment, technical features);
- It is suitable for any specific use communicated to the seller;
- It is suitable for normal use (driving, braking, functioning safely);
- It has the quality and characteristics a consumer can reasonably expect from a vehicle of that type.
If one of these criteria is not met, the vehicle is considered to have a lack of conformity.
Examples include: mileage that does not match the Car-Pass, an automatic gearbox promised but a manual one delivered, missing equipment explicitly listed in the contract (air conditioning, audio system, alloy rims), an electric vehicle with significantly lower autonomy than advertised, major mechanical problems (engine, brakes) revealing poor condition at the time of sale, etc.
Lack of conformity or hidden defect?
Two different legal guarantee regimes coexist, and it is important to distinguish them.
1. Hidden defects (articles 1641–1649 Civil Code)
This regime mainly applies to sales between private individuals, between companies, or after the conformity guarantee has expired. A hidden defect is a serious, concealed flaw predating the sale and making the good unfit for use. The timeframe to act is a vague “short period” after discovery, assessed by judges.
2. Lack of conformity (articles 1649bis–1649octies Civil Code)
This regime is assessed differently: through an objective comparison between what was promised and what was delivered (documentary and factual analysis). The timeframe to act is more generous: one year from discovery, and it cannot expire before the end of the 2-year legal guarantee.
In case of doubt, invoking lack of conformity generally provides better temporal protection than relying on hidden defects. However, if a defect is legitimately discovered more than two years after delivery, the hidden-defect regime may still apply, although it is more difficult to prove.
What can I claim in case of a lack of conformity, and how?
Article 1649quinquies of the Civil Code sets out a hierarchy of remedies:
- First, the consumer must ask the seller to repair or replace the vehicle, free of charge and within a reasonable time. The seller may only refuse if repair or replacement is impossible or disproportionate (e.g., replacing an engine costing 80% of the vehicle’s value).
- If repair is impossible, disproportionate, or unsuccessful, the consumer may seek a price reduction or termination of the contract (full cancellation with refund). Termination is only possible if the defect is sufficiently serious.
To assert their rights, the consumer must notify the seller in writing within two months of discovering the defect. A formal notice sent by registered mail is strongly recommended, clearly describing the defect, the circumstances of discovery, and the requested solution (repair, replacement, refund). This period can be extended by agreement but never shortened.
If the seller refuses, the consumer has one year from discovery of the defect to take the matter to court, and this period cannot expire before the end of the legal guarantee.
A strong evidentiary file is essential: sales contract, invoice, Car-Pass history, technical inspection report, maintenance booklet, email exchanges with the seller. In case of technical issues, an independent automotive expert report is often extremely useful for establishing the physical existence of the defect. Vehicle insurance generally covers the costs of such a unilateral expert assessment.
Conclusion: Strong legal protection, but vigilance remains key
Belgian law offers significant protection to consumers purchasing a used vehicle from a professional through the legal guarantee of conformity. The 2022 reform has greatly strengthened this protection by presuming the existence of defects for two full years and shifting the burden of proof onto the seller.
This guarantee obliges the seller to deliver a vehicle that matches their promises, providing the consumer with several remedies: repair, replacement, price reduction, or contract annulment. No contractual clause can override this mandatory protection.
However, the effectiveness of this protective regime depends on complying with procedural obligations: notification within two months, building a solid evidentiary file, and taking legal action within the set deadlines.
Nevertheless, prevention remains the best strategy: careful review of the technical inspection, verification of the Car-Pass, a thorough physical inspection, and a complete test drive before purchase.
Buying a used vehicle from a professional should never be rushed. Proper due diligence—proportionate to the financial stakes—remains the best safeguard against unpleasant surprises.
If you encounter a problem with your used vehicle, you do have rights against the professional seller—provided that you invoke them correctly and in time. Vanbelle Law Boutique offers both consumers and professionals its expertise in automotive law and contract law to transform an initial dispute into an effective solution, whether negotiated or litigated.
