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Car transfer under the “new” Civil Code: Part Two: Defective car

As we have already mentioned in the first part, the new Civil Code has brought two main lines of changes in the area of vehicle transfer. These concern the basic risks associated with the purchase of a used car.

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When we buy a used car, we’re kind of buying a rabbit in the bag every time. But that rabbit may be inedible or even stolen. Last time we dealt with a stolen car, today we’ll deal with a defective car.

In the area of defects and warranty, Czech law has gone through a real whirlwind. There is no room here to examine the debate on whether or not the mandatory two-year guarantee for consumer goods has been abolished. What is certain, however, is that now the warranty (even for second-hand goods) does not have to be set out in writing in the contract, since even the indication of the warranty period in the manual or in the advertisement will have binding effects on the seller. For example, a leaflet from a car dealership or a radio advertisement mentioning a superior, e.g. seven-year warranty will suffice. However, it is advisable to keep such an advertisement somehow (e.g. a print screen from a computer screen) so that there is no lack of evidence in any proceedings.

As regards the defects in the car itself, the new Civil Code increases the variety of possible claims. As regards hidden defects, they can be notified within two years of handing over the car to the buyer. Depending on the nature of the defect, the buyer is then entitled to a replacement of the defective item, a repair, a discount, or a cancellation of the contract and a refund.

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We will draw up a contract for the purchase of movable property for you, or check the existing one. We will handle everything quickly and flawlessly, for a predetermined price. We can do it within 3 days and within the whole country. You do not worry about anything and you can pay only after the service is provided.

However, the law prefers replacement or repair, which is probably the most fundamental change in philosophy. The injured party should not be punished twice. Once he is punished by damage to the car (a dropped mirror) and the second time by the loss of time and other expenses in arranging the repair. The new Civil Code therefore grants the right to repair as a whole and, if necessary, financial compensation that at least allows the purchase of a conveniently marketable alternative.

However, we strongly recommend contacting an Affordable Lawyer in your particular case, especially if higher sums or unconscionable conduct would be involved.

Indeed, the best prevention of problems is always good contract documentation prepared by an attorney. You should be warned against free templates, which often leave many issues open.

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Purchase contract for movable property

We will draw up a contract for the purchase of movable property for you, or check the existing one. We will handle everything quickly and flawlessly, for a predetermined price. We can do it within 3 days and within the whole country. You do not worry about anything and you can pay only after the service is provided.

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Author of the article

JUDr. Ondřej Preuss, Ph.D.

Ondřej is the attorney who came up with the idea of providing legal services online. He's been earning his living through legal services for more than 10 years. He especially likes to help clients who may have given up hope in solving their legal issues at work, for example with real estate transfers or copyright licenses.

Education
  • Law, Ph.D, Pf UK in Prague
  • Law, L’université Nancy-II, Nancy
  • Law, Master’s degree (Mgr.), Pf UK in Prague
  • International Territorial Studies (Bc.), FSV UK in Prague

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